Page No.# 1/4 GAHC010106882025 2025:GAU-AS:7200 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1117/2025 NIREN DEWRI S/O HARI CHANDRA DEWRI R/O 1 NO. NAKTADAL P.S. SUALKUCHI DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S M ABDULLAH P, MD IMRAN,MD R ISLAM,MS F HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 02.06.2025 1. Heard Mr. S.M. Abdullah P, the learned counsel for the petitioner. Also heard Mr. B. Sarma, the learned Additional Public Prosecutor appearing for the State of Assam. Page No.# 2/4 2. This application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioner, namely, Niren Dewri, who is apprehending his arrest in connection with Sualkuchi P.S. Case No. 61/2025, under Sections 296/117(2)/118(2)/351(2) of the BNS, 2023. 3. The gist of accusation in this case is that one Minku Deka, had on 12.05.2025, lodged an FIR before the Officer-In-Charge of Sualkuchi police station, inter alia, alleging that on 11.05.2025 at about 10:35 PM, at night, when the informant went to the furniture house of the petitioner and asked for money, which was due from him, he refused to give the same and on this, an altercation took place. 4. It is also alleged that during the altercation, the petitioner took a wooden stick from his shop and assaulted the informant on his head. 5. The learned counsel for the petitioner has submitted that the facts stated in the FIR are not absolutely true. He submits that on the said date, i.e., on 11.05.2025, the petitioner as well as the informant were having party in the evening and during the course of the said party, verbal altercation took place between the informant and the petitioner and there was pushing between them and nothing like what has been alleged in the FIR had occurred. 6. He has submitted that the petitioner is ready to co-operate in the investigation. 7. The learned counsel for the petitioner also submits that even if the accusation levelled in the FIR are assumed to be true, the Section 118(2) may not be applicable in this case as only a stick is alleged to have Page No.# 3/4 been used in this case, which is not a dangerous weapon. 8. On the other hand, Mr. B. Sarma, the learned Additional Public Prosecutor has produced the Case Diary of Sualkuchi P.S. Case No. 61/2025, including the injury report of the injured person. 9. I have considered the submissions made by the learned counsel for both sides. Though there are incriminating materials in the Case Diary against the present petitioner, however considering the fact that the victim sustained injuries like laceration and abrasion which are simple in nature. Also considering the fact that in the meanwhile, the investigation has fairly progressed and statement of the relevant witnesses have been recorded. This Court is of the considered opinion that if the petitioner co-operates in the investigation, his custodial interrogation may not be necessary. 10. In view of the above, this anticipatory bail application is disposed of with a direction to the above-named petitioner to appear before the Investigating Officer of Sualkuchi P.S. Case No. 61/2025, 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 aforesaid case, he shall be allowed to go on bail of Rs. 30,000/- with a suitable surety of like amount to the satisfaction of the arresting authority with following conditions that:- (i) the petitioner shall co-operate in 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 Page No.# 4/4 disclosing such facts before the Investigating Officer or to any Court. 11. With the above observations, this anticipatory bail application is accordingly disposed of. 12. Send back the Case Diary. JUDGE Comparing Assistant