Page No.# 1/3 GAHC010072102025 2025:GAU-AS:4373 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/820/2025 DALIMI KALITA AND ANR W/O PARAMA KALITA VILLAGE BARSIDHANI BHOTEPOWABARI, PO BAGHMARA BAZAR, PS PATARKUCHI, DISTRICT BAJALI, ASSAM,PIN-781328 2: KARISHMA KALITA D/O PARAMA KALITA VILLAGE BARSIDHANI BHOTEPOWABARI PO BAGHMARA BAZAR PS PATARKUCHI DISTRICT BAJALI ASSAM PIN-78132 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. P THAKURIA, S MEDHI,MS. D KHAKHALARY Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 08.04.2025 Heard Mr. P. Thakuria, learned counsel for the petitioners. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State respondent. This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioner, who is apprehending arrest in connection with PRC Case No. 314/2024, arising out of Patacharkuchi P.S. Case No. 200/2024, under Sections 117(2)/3(5)/296/329(3) of BNS, 2023. It is submitted by Mr. Thakuria, learned counsel for the petitioners, that the present accused/petitioners were not aware about the pendency of this case nor they were aware about the lodging of the F.I.R. They were never been searched by police at the time of investigation and they came to know about the pendency of this case only after receiving the summons in connection with PRC Case No. 314/2024 from the learned Trial Court below, which were issued after taking cognizance under Sections 123/3(5)/296/329(3) of BNS and moreover, the steps were already taken on behalf of the present petitioners. He further submitted that initially the case was registered under Sections 117(2)/3(5)/296/329(3) of BNS, but the charge-sheet was filed under Section 123/3(5)/296/329(3) of BNS, which is Sessions Triable, and hence, the petitioners are having apprehension that they might be arrested in connection with this case. However, the accused/petitioners are ready and willing to appear before the learned Trial Court below and to contest the case if they are provided Page No.# 3/3 with some interim protection. Mr. Sharma, learned Additional Public Prosecutor, submitted in this regard that the petitioners may be direct to appear before the learned Trial Court below with an application for regular bail. After hearing the submissions made by the learned counsels for both sides and on perusal of the case record, it is seen that the present accused/petitioners were shown as absconder in the charge-sheet and the summons were already been issued to the present petitioners. However, the petition filed on behalf of the petitioners was also considered by the learned Trial Court below and the next date for appearance is fixed on 24.04.2025. In view of above and also considering all other aspects of the case, the petitioners are hereby directed to appear before the learned Trial Court below with an application for regular bail which may be considered in accordance with law. However, till the appearance of the petitioners before the learned Trial Court, i.e. till 24.04.2025, it is provided that no coercive action shall be taken against the present petitioners. In terms of above, this anticipatory bail application stands disposed of. JUDGE Comparing Assistant