Page No.# 1/4 GAHC010112202025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case : AB/1069/2025 AKBAR ALI S/O SIDDIK ALI R/O VILL-GHILADHARI P.O.KOUPATI P.S. DALGAON DIST. DARRANG ASSAM PIN-784113 VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR. SK S N MOHAMMAD Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 15.07.2025 1. Heard Mr. Sk. S. N. Mohammad, the learned counsel for the petitioner. Also heard Mr. K.K. Parasar, the learned Additional Public Prosecutor Page No.# 2/4 appearing for the State of Assam. 2. This application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has been filed by the petitioner, namely, Akbar Ali, who is apprehending his arrest in connection Dalgaon P.S. Case No. 84/2025, under Sections 109/117(2)/118(2)/121(2)/127(2)/132/189(2) / 3(5)/324(5)/61(2) of BNS, 2023 R/W Section 3(1) of Prevention of Damage to Public Property Act, 1984. 3. The gist of accusation in this case is that on 26.04.2025, one Trilochan Deka of Silbori Police out Post had lodged an FIR, inter alia, alleging that on the said date at around 8.30 pm, the informant along with some other police personal went to Silbori “Sand Mahal” on getting a report about commotion at that place. It is alleged in the FIR that when the informant along with other police personal reached at the Sand Mahal, the accused person along with hundred other persons stopped their vehicle and vandalized the vehicle and also assaulted the police personnel. The in-charge of Silbori Police outpost has sustained grievous injury along with some other police personnel. All the injured police personnel were shifted to Kharupetia CHC. The learned counsel for the petitioner has submitted that the petitioners are not involved in the offence alleged in the FIR. It is submitted by the learned counsel for the petitioner that the petitioner was arrested from the place which was about one and half kilometer away from the place of occurrence of the offence. 4. It is submitted by the learned counsel for the petitioner that the petitioner is not named in the FIR. He further submits that at the time of incident the petitioner was at Kharupetia which is about 12 kilometer away from the place of occurrence of the offence. Learned counsel for the Page No.# 3/4 petitioner submits that the petitioner is a businessman and is ready to co- operate with the investigation. 5. On the other hand, the learned Additional Public Prosecutor has produced the case diary of Dalgaon PS Case No. 84/2025 and opposed in granting bail on the ground that there are sufficient incriminating material against the petitioner in the case diary as some of the witnesses as well as injured persons have named the petitioner involved in the offence. 6. I have considered the submissions made by the learned counsel for both sides and have gone through the Case Diary which was produced by the learned Additional Public Prosecutor. On perusal of the case diary it appears that though two of the witnesses have named the petitioner having been involved in the incident of assault along with the petitioners. However, no specific accusation has been leveled against the petitioner by the same witnesses. Moreover, he also submits that in the meanwhile all the accused persons who were arrested have already been granted bail by this Court. 7. Considering the nature of accusation made against the petitioner, this Court is of the opinion that if the petitioner co-operates in the investigation, his custodial interrogation may not be necessary for fair completion of the investigation of the aforesaid case. 8. In view of the above, the above-named petitioner to appear before the Investigating Officer of Dalgaon P.S. Case No. 84/2025, within a period of 7(seven) days from the date of this order and co-operate in the investigation. If he does so within the stipulated period of time, in the event of his arrest in connection with the above-noted case, he shall be Page No.# 4/4 allowed to go on bail of Rs. 30,000/-(Rupees Thirty Thousand) with a suitable surety of like amount, subject to the satisfaction of the arresting authority with following conditions that:- (i) the petitioner shall appear before the Investigating Police Officer within 10(ten) days from the date of this order and shall co-operate with the investigation; and (ii) the petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to any other person 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. 9. This anticipatory bail application is accordingly disposed of. 10. Send back the Case Diary. JUDGE Comparing Assistant