Page No.# 1/3 GAHC010089852025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/973/2025 AMIT BORSAIKIA S/O- LATE HORENDRA BORSAIKIA R/O- VILL-2, KHERMIA GAON, NEAR LP SCHOOL, P.O AND P.S-DULIAJAN DIST.- DIBRUGARH, ASSAM, PIN-786602 VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM Advocate for the Petitioner : MR. SAILENDRA DEKA, MS L RONGPIPI,MR JITENDRA DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 30-04-2025 Heard Mr. B. Dutta, the learned senior counsel assisted by Mr. S. Deka, the learned counsel for the petitioner and also heard Mr. R.R. Kaushik, the learned Page No.# 2/3 Additional Public Prosecutor appearing on behalf of State respondent. 2. This is an application under Section 482 of the Code of Criminal Procedure, 1973, praying for grant of pre-arrest bail to the accused/petitioner, who is apprehending arrest in connection with Duliajan P.S. Case No. 21/2025 under Sections 305(e)/324(5) of BNS read with Section 3(2) of PDPP Act read with Section 15(2) of the Petroleum and Minerals Pipelines (Acquisition of Right of User In Land) Amendment Act read with Section 7 of the Essential Commodities Act, corresponding to GR Case No. 131/2025. 3. It is submitted by Mr. Dutta, the learned senior counsel that the present accused/petitioner is no way connected with the alleged offence and recovery was made from a truck and on the basis of the statement of the co-accused his name has been shown in the charge-sheet as an absconder. He was never searched by police during investigation nor he was served with any notice to appear before the I/O and cooperate with the investigation. However, the accused/petitioner is ready and willing to appear before the learned Court below on each and every date to be fixed by the Court to contest the case, if he is granted with some interim protection. He further submitted that summons has already been issued against the accused/petitioner and coming to know about the issuance of summons he had appeared before the Court with a prayer for anticipatory bail. Mr. Dutta further submitted that his earlier bail application for interim bail was rejected by this Court and which was entirely disposed of on merit. Page No.# 3/3 4. Mr. R.R. Kaushik, the learned Additional Public Prosecutor submitted in this regard that the case is of serious nature and the petitioner did not take the plea before the learned Trial Court below regarding the non-receipt of any notice from the I/O during the investigation. Mr. Kaushik accordingly submitted that case record may be called for to know the status as well as facts of the case. 5. Considering the entire submission made by learned counsel for both sides and perusing the case record, the present petitioner is hereby asked to appear before the learned Trial Court below within 15 (fifteen) days from the date of order with an appropriate application for regular bail, which may be considered by the learned Trial Court below in accordance with law. However, till 15 (fifteen) days from the date of order no coercive action shall be taken against the present petitioner and he will appear accordingly before learned Trial Court below within 15 (fifteen) days from the date of order. 6. In terms of above, this anticipatory bail application stands disposed of. JUDGE Comparing Assistant