Page No.# 1/3 GAHC010109732025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1159/2025 SRI KUSH DAS S/O SRI KAMAL DAS A RESIDENT OF VILL- DAKHIN DONGARGAO, P.O. KALCHENI, P.S. TAMULPUR, DIST. TAMULPUR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S NATH, MR S DAS,MR. M PANDIT Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 11.06.2025 1. Heard Mr. S. Nath, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State. 2. This application under Section 483 of BNSS 2023 has been filed by the petitioner, namely, Kush Das who has is apprehending his arrest in connection with Tamulpur P.S. Case No. 86/2025 under Sections 131/132/96/3(5) of BNS. Page No.# 2/3 3. The gist of accusation in this case is that on 31.03.2025, the father of the victim-girl had lodged an FIR before the Officer-In-Charge of Nagrijuli Police Out Post, inter alia, alleging that his daughter was detained by the accused No. 1 on 26.03.2025 inside his shop room and was beaten up. Later on, she was released only on the assurance of paying Rs.5,00,000/- (Rupees five lakhs) to the accused. It is further alleged that on 31.03.2025, a public meeting was held over the same issue and the petitioner herein on the said date, brought the daughter of the informant by force to that meeting and beat up her in the said public meeting. When police arrived at the spot, the petitioners also attacked the police and tried to snatch away the arms. 4. It appears that this is for the second time the petitioner has approach this Court praying for bail. His earlier anticipatory bail application was rejected by this Court on 06.05.2025 in AB No. 896/2025. 5. The petitioner has moved this anticipatory bail application on a new ground that the wife of the petitioner is pregnant and her expected date of delivery in the last part of the month of the August, 2025. 6. On the other hand, the learned Additional Public Prosecutor has produced the Case Diary of Tamulpur P.S. Case No. 86/2025 and has submitted that there are sufficient incriminating materials against all the accused persons. He submits that even the police personnel’s were assaulted when they came to rescue the victim-girl on the said meeting. He also submits that the victim girl was also assaulted and therefore, he vehemently opposed the grant of anticipatory bail to the petitioner. 7. I have considered the submissions made by the learned counsel for both the sides. 8. It appears that on earlier occasion the prayer for the anticipatory bail of Page No.# 3/3 the petitioner was rejected after perusal of the case diary and it was observed that sufficient incriminating materials were found against the petitioner in the case diary. 9. Today also, when the case diary of the Tamulpur P.S. Case No. 86/2025 is perused, it appears that the present petitioner has been specifically named by the victims as in this case there was an assault on the police personnel and the evidence against the petitioner on record is there. 10. Hence, this Court is of considered opinion that this is not a fit case where any favourable order under Section 482 of BNSS may be passed against the present petitioner. 11. Therefore, the prayer for anticipatory bail is rejected. JUDGE Comparing Assistant