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2026 DAILYLAW 12691 (GAU)

RAHUL SWARGIARY v. THE STATE OF ASSAM

AB/1674/2026 · 2026-08-19

Anjan Moni Kalita

body2026

Judgment text

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Page No.# 1/2 GAHC010150192026 2026:GAU-AS:11920 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1674/2026 RAHUL SWARGIARY S/O LATE BALORAM SWARGIARY,R/O VILLAGE GALAGAON, P.S. SIMLA, DISTRICT BAKSA, ASSAM VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, SAMIM RAHMAN,MD A RAHMAN,MR. SURAJIT DAS,MR A W AMAN Advocate for the Respondent : PP, ASSAM, -BEFORE- HON’BLE MR. JUSTICE ANJAN MONI KALITA ORDER 20.08.2026 Heard Mr. S. Nawaz, learned counsel appearing for the accused applicant and Mr. B. Sarma, learned Addl. PP for the State of Assam. 2. This is an application under Section 482 of the BNSS, 2023 praying for granting of pre-arrest bail to the accused applicant in connection with Nalbari P.S. Case No. 82/2026 registered under Sections 126(2)/117(2)/296/3(5)/303(2)/351(3) of the BNSS, 2023. 3. The allegation against the accused applicant is that the informant had borrowed some money from the accused applicant in lieu of Page No.# 2/2 issuance of some cheques, however, the accused applicant had taken away the vehicle of the informant which has already been granted on Zimma to the accused applicant. 4. The learned counsel appearing for the accused applicant submits that in terms of the interim pre-arrest bail granted by a coordinate bench of this Court vide its order dated 24.07.2026, the accused applicant had appeared before the Investigating Officer and his statement has already been recorded. He submits that the accused applicant is cooperating with the investigation and therefore, his custodial interrogation may not be warranted for the purpose of investigation. 5. Mr. B. Sarma, learned Addl. PP has confirmed that the accused applicant has appeared before the Investigating Officer and his statement has also been recorded. 6. Taking into account the nature of allegations and the fact that the accused applicant is cooperating with the investigation, the interim pre- arrest bail granted by a coordinate bench of this Court, vide its order dated 24.07.2026, is hereby made absolute in the same terms and conditions. In view of the above, the instant anticipatory bail application stands disposed of, as allowed. JUDGE Comparing Assistant