Page No.# 1/4 GAHC010098852025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1058/2025 PRANAY DAS AND 2 ORS. SON OF LATE PRABHAT RANJAN DAS ALIAS JUN DAS, RESIDENT OF VILLAGE - SIMALUGURI, P.O.- SIMALUGURI, P.S.- SIMALUGURI, DISTRICT - NAGAON, ASSAM. PIN -782426 2: RAMENDRA DAS SON OF LATE PRABHAT RANJAN DAS ALIAS JUN DAS RESIDENT OF VILLAGE - SIMALUGURI P.O.- SIMALUGURI P.S.- SIMALUGURI DISTRICT - NAGAON ASSAM. PIN -782426 3: NARAYAN DAS SON OF LATE PRABHAT RANJAN DAS ALIAS JUN DAS RESIDENT OF VILLAGE - SIMALUGURI P.O.- SIMALUGURI P.S.- SIMALUGURI DISTRICT - NAGAON ASSAM. PIN -78242 VERSUS THE STATE OF ASSAM REP. BY THE PP,ASSAM Advocate for the Petitioner : MR J C BORAH, MS J BORUAH Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 23.05.2025 1. Heard Mr. J. C. Borah, the learned counsel for the petitioners. Also heard Mr. B. Sarma, the learned Additional Public Prosecutor for the State respondent. 2. This application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioners, namely, (1) Pranay Das, (2) Ramendra Das and (3) Narayan Das who are apprehending their arrest in connection with Kachua P. S. Case No. 21/2025, under Sections 118(2)/74/3(5) of the BNS, 2023. 3. The gist of accusation in this case is that on 04.03.2025, one Anukul Das had lodged an FIR before the Officer-in-Charge of Kechua Police Station, inter-alia, alleging that the four numbers of accused persons named in the FIR, including the present petitioners on 03.03.2025 had attacked the son of the informant with deadly weapons. 4. It is also alleged that the wife of the informant was also assaulted and her modesty was outraged and her clothes were torn off. 5. The younger brother of the informant Nikhil Das was also injured. 6. The learned counsel for the petitioner has submitted that the petitioners are innocent and have been falsely implicated in this case. He also submits that this FIR is a counter blast to the FIR lodged by the present petitioner in respect of a land dispute between them. He also submits that during the altercation in the act of private defence, some injury might have been caused to the relatives of the informant. Page No.# 3/4 7. He also submits that as the incident occurred in an open place and many other persons also gathered there, the injury may also be caused due to assault by the outsiders. 8. He further submits that in the meanwhile, the main accused Pradip has already been arrested and the present petitioners are ready to cooperate in the investigation. 9. On the other hand, the learned Additional Public Prosecutor, Mr. B. Sarma, has produced the case diary of Kachua P. S. Case No. 21/2025 and has vehemently opposed the grant of anticipatory bail to the petitioners on the grounds that there are sufficient incriminating materials against all the petitioners in the case diary. 10. He submits that the petitioners also tried to outrage the modesty of the wife of the informant and due to the assault by the petitioners, the one Nikhil Das and Pritam Das sustained grievous injuries on their person. 11. He submits that considering the nature of injuries sustained by the victim and as well as the incriminating materials available against the petitioners, they may not be allowed to go on anticipatory bail. 12. Though there are incriminating materials against the petitioners in the case diary, however, considering the fact that the victims sustained injuries, which are lacerations as well as bruises, and also considering the fact, in the meanwhile, the accused No.1 who was arrested, has already been released by the Court of learned Additional Session, Judge No.2, Nagaon, this Court is of considered opinion that if the petitioners cooperate in the investigation, their custodial detention may not be necessary for fair completion of the investigation of the above, Kachua P. S. Case No. 21/2025. 13. For the above stated reasons, this anticipatory bail application is Page No.# 4/4 disposed of with a direction to the above-named petitioners to appear before the Investigating Officer of Kachua P. S. Case No. 21/2025 within a period of seven days from the date of this order and co-operate with the Investigating Officer in fair completion of investigation. If they do so within the said period, in the event of their arrest in connection with Kachua P. S. Case No. 21/2025, they shall be allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only), each with one surety of like amount to the satisfaction of the arresting authority subject to the following conditions: i. That the petitioners shall co-operate in the investigation. ii. That the petitioners shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts of the case before the Investigating Officer. 14. This anticipatory bail application is, accordingly disposed of. 15. Send back the case diary. JUDGE Comparing Assistant