Chinmoy Nath Vs the State of Assam

2. This is an application filed under Section 482 BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioner, namely, Chinmoy Nath who is apprehending arrest in connection with Noonmati P.S. Case No. 46/2026 registered under Sections 69/318(2) of BNS, 2023.

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3. Case diary received. Perused the same.

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4. It is submitted by Mr. Bhuyan, learned counsel that the present petitioner is innocent and with some false and concocted allegation the FIR has been lodged by the informant, after the relationship between the informant with the petitioner was broken. There was no such promise of marriage or neither any money has been received by him from the informant. At best it may be a case of civil in nature and the informant very well approach the civil forum. However, after obtaining the order of interim pre-arrest bail, the petitioner appeared before the I.O. and cooperated in the investigation of this case.

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5. Mr. Bhuyan, learned counsel further submitted that the petitioner is still ready and willing to extend his cooperation in the further investigation of the case, if he is granted with the privilege of pre-arrest bail.

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6. Mr. Sarma, learned APP submitted in this regard that there are sufficient incriminating materials against the petitioner in the statement made by the victim under Section 180 and 183 BNSS as well as the witnesses. He further submitted that after obtaining the order of interim pre-arrest bail, the petitioner already appeared before the I.O. and his statement is also recorded accordingly.

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7. Considering the submissions made by the learned counsel for the parties and also considering the materials available in the case diary and other aspects of the case, this Court is of the opinion that custodial interrogation of the petitioner may not be necessary for the purpose of investigation of the case and accordingly, I find it a fit case to extend the privilege of pre-arrest bail to the petitioner.

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8. In view of this, the interim bail granted to the present petitioner vide order

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dated 26.03.2026 is hereby made absolute on the same terms and conditions.

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9. With the above observation and direction, this pre-arrest bail application stands disposed of.

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10. Return the case diary herewith.

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JUDGE