Page No.# 1/3 GAHC010105412025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1096/2025 DHARMENDRA DAS S/O- PRABIN CH. DAS, R/O- VILL. BAHANA, P.O.- MANAHKUCHI, P.S.- HAJO, DIST.- KAMRUP- 781102. VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM. Advocate for the Petitioner : A KUNDU, MR. SANU HUSSAIN,MS. S SULTANA,SIRAJ CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 26.05.2025 1. Heard Mr. S. Choudhury, the learned counsel for the petitioner. Also heard Mr. R. J. Baruah, the learned Additional Public Prosecutor for the State re- spondent. Page No.# 2/3 2. This application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioner, namely, Dharmendra Das, who is apprehending his arrest in connection with Hazo Police Station Case No. 464/2024 under Sections 329(4)/64/62 of the BNS, 2023. 3. The gist of the accusation in this case is that on 23.11.2024, the husband of the victim woman had lodged an FIR before the Officer-in-Charge of Hazo Police Station, inter-alia, alleging that on 23.11.2024, the petitioner entered into his house and held his wife when she was sleeping in her bed and tried to rape her. 4. The learned counsel for the petitioner has submitted that the allegations levelled in the FIR against him are not true. 5. He submits that he is in relationship with the victim woman and who was known to her through social media and this fact came to be known by the husband of the victim woman and, therefore, to teach a lesson to the peti- tioner, the husband of the victim woman lodged the FIR. 6. The learned counsel for the petitioner has also submitted that in the meanwhile, there has been an amicable settlement between the parties not to pursue the matter any further. 7. He also submits that the petitioner is ready to cooperate in the investiga- tion and, therefore, his custodial interrogation may not be necessary. 8. On the other hand, the learned Additional Public Prosecutor has produced the case study of Hazo Police Station Case No. 464/2024 and has submit- ted that there are some incriminating material against the petitioner in the case diary. However, there is also an endorsement in the case diary that both the parties have approached the police station to settle the matter first. Page No.# 3/3 9. I have considered the submissions made by the learned counsel for both sides. 10. Considering the nature of the accusation levelled in the FIR as well as the fact that there is an attempt to settle the matter between the parties, this Court is of considered opinion that custodial detention of the petitioner may not be necessary, if he cooperates in the investigation. 11. Hence, this Anticipatory Application is disposed of with a direction to the petitioner to appear before the Investigating Officer of Hazo Police Station Case No. 464/2024, 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 ar- rest in connection with Hazo Police Station Case No. 464/2024, he shall be allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only), with one surety of like amount to the satisfaction of the arresting authority subject to the following conditions: i. That the petitioner shall co-operate in the investigation. ii. That the petitioner shall not directly or indirectly make any in- ducement, threat or promise to any person who may be acquaint- ed with the facts of the case, so as to dissuade such person from disclosing such facts of the case before the Investigating Officer. 12. This anticipatory bail application is, accordingly disposed of. 13. Send back the case diary. JUDGE Comparing Assistant