GAHC010190922024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : AB/2448/2024 NISHANK PRASAD SAIKIA C/O PALLABI DAS NABAGRAHA ROAD, SILPUKHURI,KAMRUP METRO, ASSAM, P.S., DIST. KAMRUP, ASSAM, PIN-

781003 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : S K NARGIS, MS N SULTANA,MR. Z H BORA,MR F H LASKAR (2)

Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

ORDER

14.05.2025 Date :

1. Heard Ms. S.K Nargis, the learned counsel for the petitioner. Also heard Mr. R. R. Kaushik, the learned Additional Public Prosecutor for the State.

2. The learned counsel for the petitioner has submitted that the petitioner namely, Nishank Prasad Saikia was allowed to go on interim bail by this Court by order dated 16.09.2024 and he pursuant to the direction of this Court has appeared before the Investigating Officer on more than one occasion.

3. The learned Additional Public Prosecutor for the State has produced the Case Diary, however, he submits that from the Case Diary it is not possible to ascertain as to whether the petitioner has appeared or not. It also appears from record that on 08.05.2025, the learned Additional Public Prosecutor for the State was requested to get telephonic instruction from the concerned Investigating Officer regarding the appearance of the petitioner before the Investigating Officer. However, no such telephonic information is also available with the Investigating Officer. 4. On the other hand, the learned counsel for the petitioner has also submitted that in the meanwhile 3(three) of the co-accused have already been allowed to go on bail.

5. Considering the facts and circumstances of this case, as well as the submissions made by learned counsel for the petitioner that the petitioner has complied to the direction of this Court and has co-operated in the investigation, the interim anticipatory bail granted to the petitioner by this Court on 16.09.2024, is hereby made absolute with the condition nos. 2 & 3 attached to the said order, remained intact.

6. Send back the Case Diary.

7. This Anticipatory Bail application is accordingly disposed of.

JUDGE Comparing Assistant