Page No.# 1/3 GAHC010115902025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1253/2025 MONDIP MOHAN S/O CHITRA MOHAN R/O VILL- DHEMAJI BILL, P.S. KAKOTIBARI,P.O. DICHANGPANI DIST. CHARAIDEO, ASSAM, PIN- 785689 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR T H HAZARIKA, MR. D ROY,MR. K ISLAM,MR A RASHID,MR M CHETIA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 26.06. 2025 1. Heard Mr. T.H. Hazarika, learned counsel for the petitioner, Mondip Mohan, who has filed this application under 482 of BNSS, 2023 with prayer for pre-arrest bail, as he is apprehending arrest in connection with Kakotibari P.S. Case No. 11/2025 under Sections 329(4)/ 296/ 118(2)/ 109/ 3(5) of BNS, 2023. Page No.# 2/3 2. Heard Mr. K.K. Das, learned Addl. Public Prosecutor, Assam, who has raised serious objection stating that there are incriminating materials in the case diary against the petitioner. 3. The medico legal report clearly reveals that the victim Babul Mohan and Hemo Kanti Mohan have sustained injuries. 4. I have also scrutinized the case diary. Indeed there are incriminating materials in the case diary. However, I have considered the progress of the investigation. 5. The FIR unfolds that on 18.05.2025 at about 10-30 hours the accused Reba Mohan entered into the informant’s house and verbally abused her family members. At that time, the present petitioner Mondip Mohan came armed with sharp weapons and repeatedly assaulted Babul Mohan and Smti Hemo Kanti Mohan, causing grievous injuries on their person. The informant’s husband Babul Mohan and her mother-in-law Hemo Kanti Mohan sustained grievous injuries and they had been immediately shifted to the hospital. 6. I have also considered the submission that the petitioner is willing to co- operate with the remaining part of investigation and he is willing to abide by any stringent bail conditions if imposed upon him. The petitioner is a local resident and he is not a flight risk. 7. I have also scrutinized the case diary. 8. I have considered the submissions at the bar with circumspection. 9. It appears that the pre-arrest bail may be granted to the petitioner. 10. Considering all aspects, petition is allowed. In the event of arrest of the petitioner named above in connection with this case, he may be enlarged on Page No.# 3/3 pre-arrest bail of Rs. 30,000/- with one surety of the like amount to the satisfaction of the arresting authority. 11. The pre-arrest bail order is however subject to the following conditions that:- (1) the petitioner shall appear before the I.O. within 1 (one) week from today and shall cooperate with the investigation on every fort night till completion of investigion; (2) the petitioner shall refrain from such activities with which he is alleged; (3) the petitioner shall not exercise threats to the victim and try to influence the witness, and (4) the petitioner shall not hamper the investigation or tamper with the evidence of the case. 12. On breach of any of the bail conditions, pre-arrest bail granted to the petitioner shall automatically stand cancelled. 13. Bail application stands disposed of. 14. Return the case diary. JUDGE Comparing Assistant