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2025 DAILYLAW 9953 (GAU)

HABIBULLAH MIAH v. CENTRAL BUREAU OF INVESTIGATION

AB/719/2025 · 2025-05-18

Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/3 GAHC010065802025 2025:GAU-AS:6255 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/719/2025 HABIBULLAH MIAH S/O SONAULLAH MIAH R/O VILL-BARACHARABARI, P.O.DONGAIGAON BARIGARA,DIST. CHIRANG, ASSAM,PIN-783380 VERSUS CENTRAL BUREAU OF INVESTIGATION REP BY ITS STANDING COUNSEL / SPECIAL PUBLIC PROSECUTOR Advocate for the Petitioner : MR. DITUL DAS, D R TALUKDAR,MS TINLUNG,MR A TALUKDAR Advocate for the Respondent : SC, CBI, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 19-05-2025 Heard Mr. D. Das, learned counsel for the petitioner. Also heard Ms. M. Kumari, learned Standing Counsel, CBI for the respondent. 2. This is an application 482 of the BNSS, 2023 praying for grant of pre-arrest Page No.# 2/3 bail to the accused/petitioner, who is apprehending arrest in connection with CBI ACB Guwahati Case No. RC0172024E0020, under Sections 3(5)/316(2)/318(4) of the BNSS, 2023 and Sections 21(1)/21(2)/21(3) of the Banning of Unregulated Deposit Schemes Act, 2019. 3. It is submitted by Mr. Das, learned counsel for the petitioner, that initially one F.I.R. was lodged wherein some incrimination was brought against the present accused/petitioner and for which, he earlier moved an anticipatory bail application, being AB No. 3207/2024, before this Court. But, during the pendency of the said anticipatory bail application, one submission was made from the CBI side that the charge-sheet has already been laid in connection with the case vide Charge-Sheet No. 27/2024, dated 29.12.2024, and the name of the petitioner has not been reflected in the charge-sheet and the matter may be dropped. Accordingly, on the basis of said submission made by the CBI, this Court had closed the said anticipatory bail application. Mr. Das further submitted that though the charge-sheet was filed against 2 (two) accused persons, namely, Tajuddin Ali and Nijamuddin, and the name of the present petitioner was not mentioned therein, but after filing of the charge-sheet, the CBI is now harassing the present petitioner and searching for him in the name of investigation. However, the petitioner is ready and willing to co-operate the I.O. in the investigation of the case if he is granted with some interim protection. 4. I have considered the submissions at the bar with circumspection. I have also scrutinized the case Diary. 5. The petitioner has appeared before the Investigating Officer and he has cooperated with the investigation. The petitioner has not violated any bail Page No.# 3/3 conditions. 6. In view of the foregoing discussions, the interim bail order dated 27.03.2025 is made absolute under the same terms and conditions. 7. In view of the above observation, this Anticipatory Bail application stands disposed of. 8. Send back the Case Diary. JUDGE Comparing Assistant