Page No.# 1/3 GAHC010144212026 2026:GAU-AS:14495 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1585/2026 SRI PADMA KANTA BORAH SON OF LATE DASARATH BORA RESIDENT OF NORTH HAIBORGAON LAKHOWA ROAD KAILASH NAGAR PO PS HAIBORGAON DISTRICT NAGAON ASSAM PIN 782002 VERSUS THE STATE OF ASSAM REPRESENTED BY ITS PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MS. M K BROWN, MS. S DEB Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 29.09.2026 Heard Mr. T. J. Mahanta, the learned senior counsel assisted by Ms. S. Deb, for the petitioner and Ms. S. H. Borah, the learned Addl. Public Prosecutor for the State of Assam. 2. It is noticed in the instant case, that the petitioner was enlarged on interim Page No.# 2/3 pre-arrest bail by order dated 20.07.2026, on the condition that he should appear before the Investigating Officer within a period of 7 days from the date of passing of the order and shall corporate with the investigation. Today, when the matter is called up, the learned APP for the State, has placed a note in the Case Diary, wherein, the Investigating Officer have stated that repeated efforts were made to secure the presence of the petitioner for examination but the same could not be done. It is also stated that, several attempts were made to contact him but petitioner was not found in his office. As such, the Investigating Officer stated that the petitioner has evaded the due process of law. 3. However, Mr. T. J. Mahanta, the learned senior counsel states that the petitioner had appeared after obtaining the interim pre-arrest order before the Investigating Officer, on 23.07.2026, at 02:00 PM, and the I.O. had recorded his statement and a further direction was given by the I.O. that, if required, he should appear for further examination. 4. This Court has gone through the Case Diary and finds that there are no entries from 09.07.2026 to 28.07.2026 and the report submitted by the learned APP was dated 22.08.2026. 5. However, on consideration of the submission made by the learned counsel for the parties, more so , in view of the fact that no G.D. Entries are found in the Case Diary with regard to the aforesaid dates and also due to the fact that, there is no stipulation by the Investigating Officer that the petitioner had not appeared after the interim order, this Court finds it fit to enlarge the petitioner on pre-arrest bail. Page No.# 3/3 6. In view of the statement of the petitioner that, he went and appeared before the IO and his statement is recorded, this Court makes the order dated 20.07.2026, absolute with the further direction that, he will again go and appear before the I.O. within 10 (Days) and co-operate with the investigation and should abide by the following conditions, (i) The petitioner shall not hamper and tamper with the evidence of the case, and/or influence the witness connected with the alleged case; and (ii) The petitioner shall not leave their residence without prior permission of the Arresting Authority. 7. The AB Application stands disposed of. 8. The Case Diary is sent back. JUDGE Comparing Assistant