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2026 DAILYLAW 13425 (GAU)

SRI BHASKAR KALITA v. THE STATE OF ASSAM

I.A.(Crl.)/848/2026 · 2026-09-01

Mridul Kumar Kalita

Transfer Petitionbody2026

Judgment text

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Page No.# 1/4 GAHC010175052026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/848/2026 SRI BHASKAR KALITA SON OF SRI SANTA RAM KALITAR/O JYOTI PATH PORUAH CHARIALI POO TO NENA NEAR DON BOSCO SCHOOL PO NIKMUL DIST SONITPUR ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR H K DAS, MS D MAHANTA,MR N K SARMA,MS. B SAIKIA Advocate for the Respondent : PP, ASSAM, In AB Case No. 483/2025(D/O) In AB Case No. 483/2025 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 02.09.2026 [1] Heard Mr. N.K. Sarma, the learned counsel for the applicant. Also heard Ms. A. Begum, the learned Page No.# 2/4 Additional Public Prosecutor appearing for the State of Assam. [2] This interlocutory application has been filed by the applicant, namely, Sri Bhaskar Kalita, in connection with Anticipatory Bail Application No. 483/2025, which was disposed of on 07.03.2025. [3] The learned counsel for the applicant submits that by the aforesaid order, the applicant was granted anticipatory bail, by this court with certain conditions. He was directed by the aforesaid order to appear before the Investigating Officer of Mukalmua P.S. Case No. 42/2025, within a period of 7(seven) days from the date of the said order and to co-operate in the investigation. He was also directed to be released on bail by the arresting authority, subject to certain conditions. He submits that one of the conditions was that the applicant/petitioner shall surrender his passport with the Investigating Officer of the case, till the investigation of the case is over. [4] The learned counsel for the petitioner/applicant submits that the investigation in Mukalmua P.S. Case No. 42/2025 has been completed and charge sheet has been laid in the said case, vide charge sheet No. 155/2025, dated 28.07.2025. [5] The learned counsel for the applicant/petitioner submits that since the petitioner had Page No.# 3/4 co-operated in the investigation and since the investigation has already completed, the passport surrendered by the present petitioner before the Investigating Officer may be directed to be returned back to him. [6] He further submits that the petitioner shall continue co-operating in trial against him. [7] The learned Additional Public Prosecutor has no objection to the prayer made by the petitioner. Since the condition of surrendering of passport was imposed in the order dated 07.03.2025, passed by this court in A.B. Case No. 483/2025, only during the pendency of the investigation and since the investigation has been completed, the said stipulation has been complied with. As such, there is no justification of retaining the passport by the Investigating Officer. [8] In view of the above, the passport of the present petitioner, which was surrendered before the Investigating Officer of Mukalmua P.S. Case No. 42/2025, in pursuant to the directions of this court is hereby directed to be returned back to him. [9] This interlocutory application is, accordingly, disposed of. JUDGE Page No.# 4/4 Comparing Assistant