Sofikul Islam Vs the State of Assam — Gauhati HC (2025) — LawSathi Research

Sofikul Islam Vs the State of Assam — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim pre-arrest bail granted vide order dated 23.07.2024 made absolute, subject to the accused/applicant appearing before the I.O. within 10 days on furnishing a bond of Rs. 20,000/- with one surety of like amount to the satisfaction of the arresting authority (Lakhipur P.S. Case No. 164/2024); other interim-bail conditions remain operative; bail application disposed of and case diary ordered to be returned.

Issue for consideration

Whether the interim pre-arrest bail granted to the accused/applicant vide order dated 23.07.2024 should be made absolute, i.e., whether the instant case merits pre-arrest bail.

Court's answer

The Court held that the instant case merits pre-arrest bail and accordingly made absolute the interim pre-arrest bail granted vide order dated 23.07.2024, subject to the condition that the accused/applicant appear before the Investigating Officer within 10 days from the date of the order, on furnishing a bond of Rs. 20,000/- with one surety of like amount to the satisfaction of the arresting authority in connection with Lakhipur P.S. Case No. 164/2024.

Ratio / Principle

All other conditions imposed by the interim pre-arrest bail order dated 23.07.2024 were expressly left intact and continue to apply unchanged.

Detailed headnote1 paragraphs

GAUHATI HIGH COURT — Bail Application (AB) No. 1869/2024, decided 14.11.2025 by Hon'ble Mr. Justice Anjan Moni Kalita (single Judge). Applicant Sofikul Islam s/o Gias Uddin Ahmed, connected with Lakhipur P.S. Case No. 164/2024, had secured interim pre-arrest bail by order dated 23.07.2024 of a coordinate Bench, conditioned on appearing before the Investigating Officer within 7 days. Counsel reported two appearances without recording of statement and sought confirmation. Finding that the case merits pre-arrest bail, the Court made the interim order absolute subject to appearance before the I.O. within 10 days on a bond of Rs. 20,000/- with one surety of like amount to the satisfaction of the arresting authority; the remaining interim conditions were kept intact, the application stood disposed of, and the case diary was ordered returned. No statute or precedent is cited in the order.

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GAHC010146412024

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

Case : AB/1869/2024 SOFIKUL ISLAM S/O GIAS UDDIN AHMED @ GIASUDDIN R/O VILL- GAROJAN P.O.-SIMLABARI P.S.-LAKHIPUR DIST- GOALPARA ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM -----------Advocate for : MR H R A CHOUDHURY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM

BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA

ORDER

Date : 14.11.2025

Heard Ms. R. Deka, learned counsel appearing for the accused/applicant. Also heard Mr. K. Baishya, learned APP for the State of Assam.

2. By order dated 23.07.2024, passed by a coordinate Bench of this court, the accused/applicant was

allowed to go on interim pre-arrest bail with the conditions that the accused/applicant shall appear before the Investigating Officer within a period of 7 days from the date of passing of such order. The

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learned counsel for the accused/applicant submits that though the accused/applicant was appeared before the I.O. on two occasions as per the aforesaid conditions but his statement was not recorded by the I.O. and now he is willing to appear before the I.O and shall cooperate in the investigation in the instant case. Therefore, the interim order dated 23.07.2024 should be made absolute.

3 . The learned APP has submitted that the certified copy of the said interim order dated 23.07.2024 is available in the case diary but no statement was found in the case diary. In view of the above, he fairly submits that though this court may consider making the interim order absolute but the same should be with a condition that the accused/applicant shall appear before the I.O. within a certain period of time.

4. Taking into account the fact as well as perusing the materials available on record produced before the court, this court is of the opinion that the instant case merits pre-arrest bail. Therefore, interim prearrest bail granted vide order dated 23.07.2024 be made absolute subject to the condition that the accused/ applicant shall appear before the I.O. within a period of 10 days from today on furnishing a bond a bond of Rs. 20,000/- (Rupees twenty Thousands) with one surety of like amounts to the satisfaction of the arresting authority in connection with Lakhipur P.S. Case No. 164/2024.

5 . It is made clear that the other conditions of the interim pre-arrest bail dated 23.07.2024 shall remain as it is.

6 . With the above direction, the bail application stands disposed of.

7 . Return the case diary.

JUDGE

Comparing Assistant