Tarun Mahanta v. The State of Assam

ORDER Date : 16.09.2024

Heard Ms. A. Borah, learned counsel appears on behalf of Mr. A.R. Bhuyan, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State of Assam. Page No.# 2/3 By this petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner, namely, Tarun Mahanta, has prayed for granting pre-arrest bail, apprehending arrest in connection with BI(E.O.) P.S. Case No. 21/2023 registered under Section 120-B/379/411/119 IPC r/w Section 35/41 of Assam Forest Regulation (Amendment) Act, 1995. Ms. Borah, learned counsel for the petitioner submits that the petitioner has appeared before the Investigating Police Officer as per direction of this Court and his statement has already been recorded after he was granted interim protection. He has not misused the liberty granted to him; rather, he co-operates with the investigation of the case. Therefore, the privilege of pre-arrest bail granted to the petitioner may be made absolute. Mr. Sarma, learned Additional Public Prosecutor for the State submits that the petitioner may appear before the investigating officer as and when called for. It is also submitted that the statement of petitioner has already been recorded by the investigating officer. I have considered the submission made by the learned counsel for the parties and also perused the case diary. It appears that the petitioner has not misused the liberty granted to him while availing interim protection. It is directed to the petitioner to appear before the investigating officer as and when called for. Considering all, this Court is of the view that the petitioner deserves to be granted the privilege of pre-arrest bail. Accordingly, the interim protection granted to the petitioner vide order dated 26.04.2024, is made absolute on the same terms and Page No.# 3/3 conditions, as reflected. The petition stands disposed of accordingly. Return the case diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010033752024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/424/2024 TARUN MAHANTA S/O PUHESWAR MAHANTA R/O VILL- BISHNUPUR, P.O. KORDOIGURI,PS. DOOM DOOMA, DIST. TINSUKIA, ASSAM VERSUS THE STATE OF ASSAM TO BE REP. BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR A R BHUYAN, MR S ABDULLAH,MR D J BORO,MR. J BARMAN Advocate for the Respondent : MR. I BORTHAKUR, SPL. SC, WILDLIFE, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI