Page No.# 1/4 GAHC010130942025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1368/2025 DEBASHISH SAIKIA AND ANR SON OF MR. CHANDRA KAMAL SAIKIA VILL-MIKIR HAT HATIR GAON, P.O. SINGIA, P.S. SAMAGURI, DIST. NAGAON, PIN CODE-782140, ASSAM, PHONE NO. 9706915530 BEING THE AREA BUSINESS MANAGER OF CHOLAMANDALAM INVESTMENTS AND FINANCE CO. LTD. DIBRUGARH BRANCH. 2: RATUL DAS SON OF SRI BHUBAN DAS VILL- 2 NO. KUHIMARI MAHAIJAN P.O. MAHAIJAN P.S. NORTH LAKHIMPUR DIST. LAKHIMPUR PIN CODE -787001 ASSAM PHONE NO. 6000149237 BEING THE COLLECTION FIELD EXECUTIVE OF CHOLAMANDALAM INVESTMENTS AND FINANCE CO. LTD. DIBRUGARH BRANCH VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM Advocate for the Petitioner : MR. R DE, MR P NEOG Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 31.07.2025 1. Heard Mr. R. De, learned counsel for the petitioners. Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor for the State. 2. This is an application under Section 482 of BNSS, 2023, has been filed by the petitioners, namely, 1. Sri Debashish Saikia, 2. Sri Ratul Das, seeking pre-arrest bail in connection with Dibrugarh P.S Case No.187/2025 (corresponding to G.R No.616/2025) under Sections 126(2)/189(2)/304 of the BNS, 2023 R/W Section 3(1) (r) of the Schedule Castes and the Schedule Tribes (Prevention of Atrocites) Act, 1989. 3. The case arose out of FIR dated 06.06.2025. The gist of allegations was that on 6/7 unknown persons forcefully and illegally restrained the informant’s vehicle and snatched it away along with the vehicle key from the driver and assaulted him physically. 4. Later upon enquiry, it came to know that these persons were on behalf of Cholamandalam Investment and Finance Company Ltd. and some their staff and certain musclemen from an unidentified recovery agency apart from one Ratul Das of Cholamandalam. 5. It is alleged that the said act was unlawful and in the process, he also uttered abusive casteist words as stated in the FIR and later demanded a sum of Rs. 5,00,000/-. The petitioners were Page No.# 3/4 granted interim protection on 18.06.2025. 6. The petitioners’ side has relied upon a judgment of the Hon’ble Supreme Court rendered in the case of Shajan Skaria Vs. State of Kerala and Anr., reported in 2024 SCC Online SC 2249. One of the principles that follows from the decision is that despite the bar of anticipatory bail imposed by Section 18A of the Schedule Castes and the Schedule Tribes (Prevention of Atrocites) Act, 1989, the Hon’ble Apex Court has held that if there are no prima-facie materials then a small window may still be available for granting anticipatory bail. 7. The learned counsel for the petitioners has drawn my attention to preliminary enquiry report dated 25.05.2025 of the I.O. It has been stated that the demand to pay back the money of Rs. 5,00,000/- towards installments to the Finance Company was misunderstood by the informant and it is also stated till the time of finalization of this preliminary report, no evidence has been found regarding the utterance of casteist slurs mentioned in the FIR. 8. I have heard the learned Additional Public Prosecutor for the State who informs the Court that pursuant to grant of interim, petitioners have appeared before the I.O and their statements were recorded. 9. In the given facts and circumstances, and keeping in view the outcome of the preliminary enquiry, it can be said that the aforementioned prima-facie test stipulated in Shajan Skaria (supra) is passed in favour of the petitioners. 10. Accordingly, in exercise of powers u/s 482/528 of BNSS,2023, the interim pre-arrest bail granted to the petitioners vide Page No.# 4/4 order dated 18.06.2025 is hereby made absolute subject to the conditions that the petitioners shall not hamper or tamper with the evidence; they shall cooperate with the remaining investigation; otherwise cooperate with the process of law. 11. Send back the case diary. 12. Accordingly, this anticipatory bail is disposed of. JUDGE Comparing Assistant