Page No.# 1/4 GAHC010125942025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1314/2025 VISHAL DOOM AND ANR. S/O. SRI. RAKESH DOOM, R/O. DULIAJAN, ANANDAPARA, P/O. DULIAJAN, P/S. DULIAJAN, PIN-786602, DIST. DIBRUGARH, ASSAM. 2: ASHISH MAGAHIA S/O. SRI. AMARJIT MAGAHIA R/O. DULIAJAN ANANDAPARA P/O. AND P/S. DULIAJAN PIN-786602 DIST. DIBRUGARH ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MS. S G BARUAH, MR. B BORGOHAIN,MR B SAIKIA,MR. S NEOG Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 12 .06.2025 1. Heard Ms. S. G. Baruah, the learned counsel for the petitioners. Also heard Mr. B. Sarma, the learned Additional Public Prosecutor for the State Page No.# 2/4 respondent. 2. The application under Section 482 of BNSS, 2023, has been filed by the petitioners, namely, (1) Vishal Doom, and (2) Ashish Magahia, who are appending their arrest in connection with Duliajan P. S. Case No. 89/2025 under Sections 329(2)/117(2)/3(5)/351(3)/117(4)/118(2)/109 of the BNS, 2023. 3. The gist of accusation in this case is that on 17.05.2025, four informants, namely, 1. Navneet Shahi, 2. Raj Singh, 3. Ajay Yadav and Tanu Shahi have lodged an F.I.R before the Officer-In-Charge of Duliajan Police Station, inter-aila, alleging that on that day at around 3.30 P.M. one Mr. Raj Kishore Singh, Mr. Ritesh Ranjan Singh, Sujata Singh and Mukskan Singh had sent a group of persons to the counter of M/S B.N. Singh Petroleum, who started fighting and hitting the informants badly with an intention of committing murder. 4. It is also alleged in the F.I.R that the miscreants asked the informants to leave the B.N. Singh Petroleum, and hand it over to the Mr. Ritesh Ranjan Singh and family otherwise they would kill them. A video footage of the alleged incident was also stated to be available with the informants. On receipt of the said F.I.R, Duliajan P.S. Case No. 89/2025 was registered under Sections 329(2)/117(2)/3(5)/351(3) of BNS, 2023. 5. The learned counsel for the petitioners has submitted that the petitioners are not involved in the offence alleged in the FIR. 6. She submits that both the petitioners were present at the place of occurrence of alleged offence as bystander. However, they did not participate in the alleged offence. 7. She also submits that both the petitioners are ready to cooperate in the investigation. Page No.# 3/4 8. On the other hand, the learned Additional Public Prosecutor has produced the case diary of Duliajan P. S. Case No. 89/2025 and has submitted that there are sufficient incriminating materials against the petitioners in the case diary suggesting that they actively participated in the fighting which ensued at the place of occurrence. 9. However, he submits that the injury report of the victim available in the case diary indicates that the injuries sustained by the victim are of simple nature. 10. I have considered the submissions made by the learned counsel for both sides and have gone through the case diary of Duliajan P. S. Case No. 89/2025. 11. Though, there are incriminating materials against the petitioners in the case diary, however, considering the fact that the investigation has fairly progressed as well as considering the fact that the injuries sustained by the petitioners are simple in nature, this Court is of considered opinion that if both the petitioners cooperate in the investigation, their custodial interrogation may not be necessary for fair completion of the investigation. 12. In view of the above, both the above named petitioners are directed to appear before the Investigative Officer of the Duliajan P. S. Case No. 89/2025 within a period of 10 days from the date of this order and cooperate in the investigation. If they do so within a stipulated period of time, in the event of their arrest, in connection with the above mentioned case, they shall be allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only) each with one surety of like amount subject to the satisfaction of the arresting authority with the following conditions:- i. The petitioners shall co-operate in the investigation, ii. The petitioners shall not directly or indirectly make any Page No.# 4/4 inducement, threat or promise to the informant or to other person who may be 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. 13. This anticipatory bail application is accordingly disposed of. 14. Send back the case diary. JUDGE Comparing Assistant