Page No.# 1/4 GAHC010070002025 2025:GAU-AS:6946 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/841/2025 SRI NILOY DAS @ RASEL DAS S/O SUBRATA DAS, ASHRAM ROAD, SILCHAR, PS. SILCHAR, DISTRICT CACHAR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S ROY, MR. M H LASKAR,B K DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 28.05.2025 1. Heard Mr. M.H. Laskar, the learned counsel for the petitioner. Also heard Mr. R.J. Baruah, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application under Section 482 of Bharatiya Nagarik Suraksha Page No.# 2/4 Sanhita, 2023 has been filed by the petitioner, namely, Niloy Das@Rasel Das, who is apprehending his arrest in connection with Silchar P.S. Case No. 1215/2024, under Sections 126(2)/118(2)/303(2)/3(5) of the BNS, 2023. 3. The gist of accusation in this case is that on 16.12.2024, one Palan Das had lodged an FIR before the Officer-In-Charge of National Highway Police Patrol Post under Silchar police station, inter alia, alleging that when on the previous night at about 1:30 AM, the informant was returning back home after attending his nephew’s marriage, the petitioner, along with some other accused persons stared assaulting them with sharp weapons and the brother of the informant sustained injuries on his head, nose and eyes and he had to be taken to Silchar Medical College & Hospital. 4. The learned counsel for the petitioner has submitted that the accusation levelled against the petitioner is not true. He submits that in fact on the day of alleged incident, the brother of the petitioner was found heavily drunk while returning back from a marriage party and therefore, there was some altercation between the brother and some other persons, who were in the bridal party. However, he did not sustain any grievous injury. 5. On the other hand, the learned Additional Public Prosecutor has produced the Case Diary of Silchar P.S. Case No. 1215/2024, and has opposed the bail on the ground that there are materials against the petitioner in the Case Diary. He also submits that the injury report is not available in the Case Diary, only the medical prescription given by the Page No.# 3/4 Silchar Medical College & Hospital to the victim is available, which shows that the victim sustained injury on his lips and lacerated injury on his forehead. 6. I have considered the submissions made by the learned counsel for both the sides. As the investigation has fairly progressed, and as the incident has occurred about five months back, and in the meanwhile, the other relevant witnesses have already been examined. Though the witnesses, who were examined under Section 181 of the BNS, 2023 have implicated the petitioner, however, considering the fact that from the record it appears that the informant’s brother sustained lacerated injuries on his forehead only and as the petitioner is a young boy of 22 years of age and is ready to co-operate in the investigation, this anticipatory bail application is disposed of with a direction to the petitioner to appear before the Investigating Officer of Silchar P.S. Case No. 1215/2024, within a period of 7(seven) days from the date of this order and co-operate in the investigation. If he does so within the stipulated period of time, in the event of his arrest in connection with the aforesaid case, he shall be allowed to go on interim bail of Rs. 30,000/- with a suitable surety of like amount to the satisfaction of the arresting authority with following conditions that:- (i) the petitioner shall co-operate in the investigation; and (ii) the petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to any other person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court. Page No.# 4/4 7. Send back the Case Diary. 8. This anticipatory bail application is accordingly disposed of. JUDGE Comparing Assistant