Page No.# 1/4 GAHC010087142025 2025:GAU-AS:5860 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/971/2025 SRI KANGKAN KALITA AND ANR S/O-LATE DWIJEN KALITA, R/O-VILL-SONARIPARA, SUALKUCHI P.S-SUALKUCHI, HAJO, KAMRUP, DIST- KAMRUP ASSAM PIN-781103 2: BIPUL KALITA S/O- PABITRA KALITA R/O-BAIKUNTHAPUR SUALKUCHI P.S-SUALKUCHI DIST-KAMRUP ASSAM PIN--78110 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP,ASSAM Advocate for the Petitioner : MR. S K JAIN, B. N. DEKA Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 13.05.2025 1. Heard Mr. S.K. Jain, the learned counsel for the petitioners. Also heard Mr. R.R. Kaushik, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioners, namely, (1) Sri Kangkan Kalita and (2) Bipul Kalita, who are apprehending their arrest in connection with Changsari P.S. Case No. 79/2025, under Section 126(2)/296/115(2)/118(2)/109/3(5) of the BNS, 2023. 3. The gist of accusation in this case is that on 09.04.2025, Dr. Pranjit Khanikar, had lodged an FIR before the Officer-In-Charge of Changsari Police Station, inter alia, alleging that on 08.04.2025, when he was driving his vehicle, along with Madan Kamdev rural road from Behera side towards Changsari side, another vehicle tried to obstruct their path and thereafter, 2(two) persons assaulted the first informant with an iron rod causing injuries to him. 4. The learned counsel for the petitioner has submitted that the incident occurred as the informant tried to overtake the vehicle of the petitioners and due to the same, an altercation took place between them and in the heat of the moment the alleged incident occurred. He submits that there was no intention to assault on the part of the present petitioners and it occurred due to the heat of the moment. He also Page No.# 3/4 submits that the petitioners are ready to co-operate in the investigation. 5. On the other hand, the learned Additional Public Prosecutor has produced the Case Diary of Changsari P.S. Case No. 79/2025, and has submitted that from the medical report of the victim, it appears that the injuries sustained by the informant/victim was laceration, however, it was shown to be of grievous in nature, as it occurred on the parietal region of the scalp. 6. I have considered the submissions made by the learned counsel for both the sides, and have gone through the Case Diary which was called for in connection with this case. 7. On perusal of the Case Diary, it appears that the investigation of this case has fairly progressed and the victim was discharged from the hospital, on the day of alleged incident itself, i.e. on 08.04.2025. 8. Considering the facts and circumstances of this case, and the progress of the investigation already made, this Court is of the considered opinion that if the petitioners co-operate in the investigation, their custodial interrogation may not be necessary for fair completion of the investigation of this case. 9. Hence, both the above-named petitioners are directed to appear before the Investigating Officer of Changsari P.S. Case No. 79/2025 within a period of 7(seven) days from the date of this order and co-operate in the investigation. If they do so within the stipulated period of time, in the event of his arrest in connection with the aforesaid case, they shall be allowed to go on bail of Rs. 30,000/- each with a suitable surety of like Page No.# 4/4 amount to the satisfaction of the arresting authority with following conditions that:- (i) the petitioners shall co-operate in the investigation; and (ii) the petitioners shall not directly or indirectly make any inducement, threat or promise to the informant or to any other persons 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. 10. Send back the Case Diary. 11. This anticipatory bail application is accordingly disposed of. JUDGE Comparing Assistant