GUWAHATI, India, Nov. 8 -- Gauhati High Court issued the following order on Oct. 8:
1. Heard Mr. S Borthakur, learned counsel for the petitioner and Mr. R J Baruah, learned Additional Public Prosecutor, Assam for the State.
2. This is an application under Section 482 of BNSS, 2023, praying for grant of pre-arrest bail to the accused petitioner, namely, Labu Moni Amsong, in connection with Morigaon Police Station Case No. 239/2025 registered under Sections 61/152/196/197/353/351/132 of the BNS, 2023 read with Sections 66(D)/67/67(A)/67(B)/69(A) of the IT Act, 2000 and read with Section 14 of the Game and Betting Act (Assam), 1970.
3. The gist of the case is that one Sri Partha Bijoy Rajkhowa, Sub-Inspector lodged a complaint before the Officer-in-Charge of Morigaon Police Station, alleging primarily, that the accused petitioner is involved in instigating the public for attacking the police machinery in Sarusajai area during the public darshan of late Zubeen Garg. It is also alleged that the accused petitioner is a habitual offender with a history of provocating the public in the state of Assam. It is also alleged that intelligence report reveals that the accused petitioner has links to various violent protests following the unfortunate demise of late Zubeen Garg.
4. Learned counsel for the petitioner submits that the allegations made against the accused petitioner are vague, without having any substance and there is not a single specific incident alleged in the FIR wherein the accused petitioner is found to be involved. He further submits that Notice under Section 35(3) of the BNSS has been issued to the accused petitioner, which shows, in fact, no custodial interrogation is required for the accused petitioner.
5. On the other hand, Mr. R J Baruah, learned APP, Assam submits that there are serious allegations against the accused petitioner and without perusal of the case diary, this Court should not grant interim pre-arrest bail to him. He submits that perusal of the case diary in the instant matter is very much relevant. He further submits that though Notice under Section 35(3) of the BNSS has been issued to the accused petitioner, the accused petitioner failed to appear before the investigating authority and therefore, he submits that this Court should not grant interim pre-arrest bail to the accused petitioner.
6. This Court has heard the submissions made by the learned counsels for the respective parties and also perused the complaint as well as the Notice under Section 35(3) of the BNSS.
7. After considering the whole issues involved in the matter in it's entirety, this Court is of the view that this is a fit case, wherein the accused petitioner should be allowed to go on interim pre-arrest bail.
8. Accordingly, the petitioner, namely, Labu Moni Amsong, is allowed to go on interim prearrest bail in connection with Morigaon Police Station Case No. 239/2025, on furnishing a bail bond of Rs. 50,000/- (Rupees Fifty Thousand) only, with a surety of the like amount to the satisfaction of the arresting authority, subject to the following conditions -
(i) The accused petitioner shall appear before the Investigating Authority within a period of 7 (Seven) days from the date of passing of this order and in the event of his nonappearance before the Investigating Authority, the interim pre-arrest bail so granted shall deemed to be cancelled;
(ii) The accused petitioner shall co-operate with the investigation and shall appear before the Investigating Authority as and when called for.
9. This interim pre-arrest bail is effective till the next date of listing of the matter, i.e., 15.10.2025. 10. Call for the case diary, fixing the matter on 15.10.2025.
Disclaimer: Curated by HT Syndication.
