Page No.# 1/4 GAHC010121372025 2025:GAU-AS:10786 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1265/2025 DEBABRAT GOGOI S/O SRI DHARMESHWAR GOGOI R/O VILL- DHAKUAKHANA GOSHAIBARI P.S. DHAKUAKHANA DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR S GOGOI, MS G GOGOI,MS A GOGOI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 13-08-2025 Heard Mr. S. Gogoi, the learned counsel for the petitioner and also heard Mr. P. Borthakur, the learned Additional Public Prosecutor appearing on behalf of Page No.# 2/4 State respondent. 2. This is an application u/s 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for granting pre-arrest bail to the accused petitioner in connection with Gogamukh P.S. Case No. 52/2025 u/s 87/64/351(2) of Bharatiya Nyaya Sanhita (BNS), 2023 (Corresponding to GR Case No. 243/2025). 3. Case Diary received. Perused the same. 4. It is submitted by Mr. Gogoi, the learned counsel for the petitioner that the petitioner is innocent and he has not committed any such offence as alleged in the FIR. It is a fact that both the victim and the accused had love affairs since 1 year and they are known to each other. The petitioner had a Bihu team where the victim girl also performing Biju dance and she has also entered into some agreement for performing Bihu dance. But, due to some dispute as per the direction of the mother of the victim she lodged an FIR against him with some false and concocted allegation. However, the petitioner is ready and willing to cooperate the I/O in further investigation of this case, if he is granted pre-arrest bail. 5. Mr. Borthakur, the learned Additional Public Prosecutor submitted in this regard that there are sufficient incriminating materials against the present accused/petitioner, especially in the statement of the victim recorded u/s 183 BNSS. Accordingly, he submitted that it is not at all a fit case to extend the privilege of pre-arrest bail to the present petitioner. 6. Hearing the submissions made by learned counsel for both sides, the statement of the victim u/s 183 BNSS and the statement of other witnesses, the materials available in the Case Diary and other aspects of the case, I find that Page No.# 3/4 custodial interrogation of the present petitioner may not be required for the purpose of investigation of the case and accordingly this Court is of the opinion that it is a fit case wherein the privilege of anticipatory bail can be extended to the present petitioner and accordingly the prayer is allowed. 7. 7. Accordingly, it is provided that in the event of arrest of the accused/petitioner, namely, Debabrat Gogoi, in connection with Gogamukh P.S. Case No. 52/2025 u/s 87/64/351(2) of Bharatiya Nyaya Sanhita (BNS), 2023 (Corresponding to GR Case No. 243/2025), he shall be enlarged on pre-arrest bail on his executing a bond of Rs. 20,000/- (Rupees twenty 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 make himself available for interrogation by the Investigating Officer within 7(seven) days; (ii) that the petitioner shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. case; and (iii) that the petitioner shall not, directly or indirectly, make any inducement, threaten or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. 8. The anticipatory bail application stands disposed of. Page No.# 4/4 9. Send back the Case Diary. JUDGE Comparing Assistant