Page No.# 1/4 GAHC010113242025 2025:GAU-AS:7546 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1194/2025 PORJIT CHUTIA AND 2 ORS. S/O BIPIN CHUTIA R/O VILL- PUKIA P.S. SILAPATHAR DIST. DHEMAJI, ASSAM 2: PRANAB CHUTIA S/O BIPIN CHUTIA R/O VILL- PUKIA P.S. SILAPATHAR DIST. DHEMAJI ASSAM 3: DEEP CHUTIA S/O HEM CHANDRA CHUTIA R/O VILL- PUKIA P.S. SILAPATHAR DIST. DHEMAJI ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. K K HANDIQUE, MR. G TAMULI Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 09.06.2025 1. Heard Mr. K.K. Handique, the learned counsel for the petitioners. Also heard Mr. D.P. Goswami, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioners, namely, (1) Sri Porjit Chutia, (2) Sri Pranab Chutia, and (3) Sri Deep Chutia, who are apprehending their arrest in connection with Silapathar P.S. Case No. 107/2025, under Sections 196/118(2)/109/3(5) of the BNS, 2023. 3. The gist of accusation in this case is that on 12.05.2025, one Kushal Bhuyan had lodged an FIR before the Officer-In-Charge of Silapathar Police Station, inter alia, alleging that the accused persons named in the FIR (present petitioners) assaulted the informant with a sharp weapon on the ground that the informant has voted for a different party candidate in the past erstwhile held panchayat election. 4. The learned counsel for the petitioners has submitted that the allegations levelled in the FIR are not true and no assault of injury was caused by the petitioners to the informant. 5. He submits that only some altercation took place between the parties regarding some dispute. 6. He submits that the petitioners are ready to co-operate in the Page No.# 3/4 investigation and their custodial interrogation may not be necessary for fair completion of the investigation. 7. On the other hand, the learned Additional Public Prosecutor has produced the Case Diary of Silapathar P.S. Case No. 107/2025 and has submitted that though the injury report of the victim is not available in the Case Diary, however, from the statement of the witnesses available in the Case Diary, it appears that no serious injury was caused on the victim (informant) in this case and there was only pushing and some altercation between the parties. 8. Considering the submissions made by the learned counsel for both sides as well as the materials available in the Case Diary, this Court is of the considered opinion that if the petitioners co-operates in the investigation, his custodial interrogation may not be necessary for fair completion of the investigation. 9. Hence, this anticipatory bail application is disposed of with a direction to the above-named petitioners to appear before the Officer-In- Charge of Silapathar P.S. Case No. 107/2025, within a period of 7(seven) days from the date of this order and co-operate in the investigation. If they do so within the stipulated period of time, in the event of their arrest in connection with the aforesaid case, they shall be allowed to go on bail of Rs. 30,000/- each with a suitable surety of like amount to the satisfaction of the arresting authority with following conditions that:- (i) the petitioners shall co-operate in the investigation; and (ii) the petitioners shall not directly or indirectly make any inducement, threat or promise to the informant or to any other person who may be Page No.# 4/4 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. 10. Send back the Case Diary. 11. This anticipatory bail application is accordingly disposed of. JUDGE Comparing Assistant