Page No.# 1/3 GAHC010090892025 2025:GAU-AS:6155 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1006/2025 BIPUL BAISHYA S/O- BHABEN BAISHYA. R/O- TIPLING BARAGADHOLI, P.O AND P.S- DULIAJAN, DIST.- DIBRUGARH, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, MD A RAHMAN,SAMIM RAHMAN,A W AMAN,MS SURAYA RAHMAN,MR. SURAJIT DAS Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 16-05-2025 Heard Mr. A. W. Aman, learned counsel for the petitioner and Mr. K. K. Parashar, learned Additional Public Prosecutor, Assam for the State. 2. Apprehending his arrest, the petitioner, namely, Bipul Baishya, son of Bhaben Baishya, resident of Village- Tipling Baragdholi, P.O. & P. S.-Duliajan, District-Dibrugarh, has filed this application on 30.04.2025 under Section 482 BNSS seeking pre-arrest bail in Duliajan P.S. Case No. 317/2023 under Sections 387/34 IPC, with added Section 388 IPC, read with Section 25 (1A) of the Arms Act. Page No.# 2/3 3. As per the FIR dated 10.12.2024, the case is that, the complainant along with two others including the driver while proceeding in the Mahindra G2 vehicle with 8 numbers of cows towards Baruah Tiniali, Duliajan, one unknown person chased them with a vehicle and obstructed them on the road, forcibly took them to the Tipling filed High School, assaulted them and also took away Rs.6,000/- from him and Rs. 20,000/- from the driver. Later, the owner of the cows, from whom the complainant purchased them, arrived at the place of occurrence and the accused person also threatened him and asked him to go away. Subsequently, the accused person released the cattle from the vehicle and later the complainant reached Duliajan Police Station and lodged the FIR. Accordingly, Duliajan P.S. Case No. 317/2023 under Sections 387/34 IPC, with added Section 388 IPC, read with Section 25 (1-A) of the Arms Act was registered. 4. Petitioner contended that he is no way connected with the case and has been falsely implicated in the case by the arrested and main accused person namely, Mukumoni Borah @ Jagat. 5. For such reasons, Mr. Aman, learned counsel submitted that the petitioner is entitled for his bail in said Duliajan P.S. Case No. 317/2023. 6. Mr. K. K. Parashar, learned Additional Public Prosecutor, Assam from the case diary submitted that it is the co-accused arrested in the case, namely, Mukumoni Borah @ Jagat who stated that the present petitioner was with him at the time of the incident. 7. On perusal of the case diary, it is seen that the victims of the case did not implicate the present petitioner. 8. During investigation of the case, police also found that the petitioner gave fist and blow to the victims involved in the case. There are allegations against the main accused Mukumoni Borah @ Jagat. 9. Considering such materials in the case diary, the Court is of the view that custodial interrogation of the petitioner, named above, is not warranted for investigation of said Duliajan P.S. Case No. 317/2023. As such, this pre-arrest bail application of the petitioner is accepeted. Page No.# 3/3 10. Accordingly, it is provided that in the event of arrest of the petitioner, namely, Bipul Baishya, son of Bhaben Baishya, he shall be released on bail in said Duliajan P.S. Case No. 317/2023 on furnishing a bail bond of Rs.30,000/- with two local sureties of the like amount, to the satisfaction of the concerned arresting authority on conditions that said petitioner, Bipul Baishya – (i) shall appear before the Investigating Officer of said Duliajan P.S. Case No. 317/2023 on or before 22.05.2025 and thereafter, as and when he is required for necessary investigation of said Duliajan P.S. Case; (ii) shall not leave the territorial jurisdiction of said Duliajan Police Station, without obtaining prior written permission from the concerned Investigating Officer of said Duliajan P.S. Case No. 317/2023; (iii) shall not hamper with the investigation, or tamper with the evidence of the case; (iv) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer and (v) he shall not involve himself in any criminal activities. 11. 11. It is observed that this order relates to bail of the accused petitioner, namely, Bipul Baishya in said Duliajan P.S. Case No. 317/2023 and not on merits of the case. 12. With the above observation and direction, this bail application stands allowed to the extent above. 13. Return the case diary. JUDGE Comparing Assistant