GAHC010180412024 2026:GAU-AS:2403 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : AB/2346/2024 RATHINDRA DAS AND ANR S/O ANANDA DAS VILL- TULARGRAM PART-I, P.O. SONAIMUKH P.S. SONAI DIST. CACHAR, ASSAM

2: ASHIT BARON PURKAYASTHA S/ LATE ANANDA MOHON PURKAYASTHA VILL- UTTARKANCHANPUR PART-II P.O. JANAKI BAZAR P.S. PANCHGRAM DIST. HAILAKANDI ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. D A KAIYUM, MR. M S MONDAL Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA

ORDER

18-02-2026 Heard Mr. D. A. Kaiyum, learned counsel for the petitioners and Mr. B.

Sarma, learned Additional Public Prosecutor, for the State respondent.

2. This is an application under Section 482 BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioners, namely, (i) Sri Rathindra Das and (ii) Ashit Baron Purkayastha who are apprehending arrest in connection with Silchar P.S. Case No. 1300/2022 under Section 406/468/420 IPC.

3. It is submitted by Mr. Sarma, learned Addl. PP that the case diary is not received inspite of issuance of notices.

4. Mr. Kaiyum, learned counsel for the petitioners submitted that the present petitioners are on interim bail in connection with this case since 11.09.2024 and inspite of lapse of more than 1 and ½ year, the I.O. could not furnish the case diary, but the petitioners did not jump over any terms and conditions of interim bail. Accordingly, Mr. Kaiyum submitted that the petition may be disposed of which is pending since September, 2024.

5. Mr. Sarma, learned APP submitted that on last two occasion the case diary was received, but the statements of the petitioners were not available in the case diary, for which the same was returned for updation.

6. Mr. Kaiym, learned counsel submitted that they have already appeared and their statements were also recorded but those may not be available in the case diary.

7. Hearing the entire submission made by the learned counsel for both sides and considering the fact that the petition is pending since 11.09.2024 wherein the petitioners were provided with the interim protection, I do not find to keep the bail application further pending before this Court and accordingly, this bail application stands disposed of and the interim bail granted to the petitioners earlier on 11.09.2024 is hereby made absolute on the same terms and conditions with further direction to the petitioners to appear before the I.O. within a period of 15 (fifteen) days from the date of order and shall extend their cooperation with I.O.

8. Further the I.O. will also record the statements of the petitioners, if not recorded earlier.

9. This bail application accordingly stands disposed of.

JUDGE

Comparing Assistant

Order downloaded on 25-02-2026 01:00:47 AM