Page No.# 1/3 GAHC010138802025 2025:GAU-AS:9167 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1453/2025 SANDEEP BARBHUIYA AND ANR S/O- LATE ATUL BARBHUIYA. R/O- GANGANAGAR PART-III, P.O.- AND P.S.- KACHUDARAM, DIST.- CACHAR. 2: SIPRA RANI BARBHUIYA @ SIPRA RAY W/O- LATE ATUL BARBHUIYA. R/O- GANGANAGAR PART-III P.O.- AND P.S.- KACHUDARAM DIST.- CACHAR VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. J LASKAR, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 16-07-2025 Heard Mr. J. Laskar, the learned counsel for the petitioners. Also heard Mr. Page No.# 2/3 B. Sharma, the learned Additional Public Prosecutor appearing on behalf of the State respondent. 2. This is an application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 praying for grant of pre-arrest bail to the accused/petitioner, who is apprehending arrest in connection with PRC Case No. 116/2025 arising out of Kachudaram P.S. Case No. 27/2024 under Sections 498(A)/307/34 of the Indian Penal Code pending before the learned Chief Judicial Magistrate, Cachar, Silchar. 3. Scanned copy of the TCR has already been received. Perused the same. 4. It is submitted by Mr. Laskar that both the accused/petitioners are innocent and they have not committed any such offence as alleged in the FIR. Though the case is registered u/s 498(A)/307/34 IPC, but from the Injury Report itself it reveals that there cannot be a case u/s 307 IPC. He further submitted that both the petitioners were always there in their own residence but they were never searched by police during investigation and hence they were not aware about the pendency of this case or lodging of FIR by the informant. However, they are ready and willing to contest the case by appearing before the learned Trial Court below as and when the date to be fixed, if some interim protection is provided to them. 5. Mr. Sharma the learned Additional Public Prosecutor submitted in this regard that from the Injury Report it is seen that the injuries sustained by the victim are simple in nature but there are other incriminating materials against the present accused/petitioners and they did not appear before the I/O to co- Page No.# 3/3 operate in investigation for which they are shown as an absconder in the charge-sheet. Further he submitted that there may not be any interim protection for the petitioners, however they may be directed to appear before the learned Trial Court below with an appropriate application for bail. 6. Considering the submissions made by the learned counsel for both sides, I have also perused the scanned copy of the TCR and the Order Sheets. It reveals that both the accused/petitioners were shown as absconders in the charge- sheet and after filing of the charge-sheet summons were issued to both the petitioners. However, as the case is registered u/s 307 IPC, the petitioners have the apprehension of arrest in connection with this case. 7. Considering the materials available in the case record and the orders passed by the learned Trial Court below, I find that some interim protection may be provided to the present accused/petitioners with a direction to appear before the learned Trial Court with an appropriate application for bail which may be considered in accordance with law and till their appearance on or before the next date before the learned Trial Court below no coercive action be taken against the present petitioners. In terms of above, this anticipatory bail application stands disposed of. JUDGE Comparing Assistant