Nayan Talukdar @ Nayan Moni Talukdar and Anr v. The State of Assam

PageoNo.#o1/3 GAHC010265342023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/3990/2023o NAYANoTALUKDARo@oNAYANoMONIoTALUKDARoANDoANRo S/OoUMAoKANTAoTALUKDARoR/OoHoNO.o2o6THoBYoLANEoGANESHoNAGARo BASISTHAo781029oP.S.oBASISTHAoDISToKAMRUPoMoASSAM 2:oSHYAMoKUMARoNEWAR oS/OoNARoBAHADURoNEWARoR/OoBHOBOLAGAONoCHARIDUARoP.So CHARIDUARoDISToSONITPURoASSAo VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oRoKoPRADHANo AdvocateoforotheoRespondento:oPP,oASSAMoo ooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo BEFORE HONOURABLEoMRS.oJUSTICEoMALASRIoNANDI ORDERo Dateo:oo31-05-2024 HeardkMr.kP.K.kPradhan,klearnedkcounselkforkthekpetitioners. Also k heard k Mr. k R.J. k Baruah, k learned k Additional k Public ProsecutorkforkthekStatekofkAssam.k Page No.# 2/3 This is an application made under Section 438 Cr.P.C., seeking pre-arrest bail by the petitioners, namely, Nayan Talukdar @ Nayan Moni Talukdar and Shyam Kumar Newar, apprehending arrest in connection with Gorchuk P.S. Case No. 295/2023, registered under Section 120(B)/379/468/409 of IPC r/w Section 7 of Essential Commodities Act, 1955. Mr. Pradhan, learned counsel for the petitioners submits that the petitioners have appeared before the Investigating Police Officer as per direction of this Court and their statements have already been recorded after they were granted interim protection. They have not misused the liberty granted to them; rather, they co-operate with the investigation of the case. Therefore, the privilege of pre-arrest bail granted to the petitioners may be made absolute. Mr. Baruah, learned Additional Public Prosecutor for the State submits that the petitioners may appear before the investigating officer as and when called for. It is also submitted that the statement of petitioners have 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 petitioners have not misused the liberty granted to them while availing interim protection. It is directed to the petitioners to appear before the investigating officer as and when called for. Considering all, this Court is of the view that the petitioners deserve to be granted the privilege of pre-arrest bail. Accordingly, the interim protection granted to the petitioners vide Page No.# 3/3 order dated 24.11.2023, is made absolute on the same terms and conditions, as reflected. The petition stands disposed of accordingly. Return the case diary.

JUDGE Comparing Assistant