Page No.# 1/3 GAHC010143192025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1537/2025 TUTA MIYA @ TUTA MIYA ALI AND ANR S/O- LATE SAYEN ALI. R/O- VILL.- NO.2 BHELENGIMARI, P.O. AND P.S. BHAGNAMARI, DIST.- NALBARI, ASSAM, PIN-781317. 2: DANESH ALI S/O- TUTA MIYA @ TUTA MIYA ALI. R/O- VILL.- NO.2 BHELENGIMARI P.O. AND P.S. BHAGNAMARI DIST.- NALBARI ASSAM PIN-781317 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM Advocate for the Petitioner : MR. A MANNAF, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 04.08.2025 Heard Mr. A. Mannaf, learned counsel for the petitioners. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State. Page No.# 2/3 2. By this petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioners, namely, Tuta Miya @ Tuta Miya Ali and Danesh Ali, have prayed for granting pre-arrest bail, apprehending arrest in connection with Bhagnamari P.S. Case No. 18/2024, registered under Section 61(2)/108 of BNS, 2023. 3. The gist of the allegation in the Ejahar dated 18.12.2024 is that the informant’s father committed suicide by taking poison and he was compelled to do so by threatening and harassment by the accused persons, named in the Ejahar. 4. The learned counsel for the petitioners submits that though the deceased committed suicide but the allegation against the petitioners are totally false and concocted driven by mollified intention. In this regard, the learned counsel for the petitioners has drawn my attention to the Ejahar vide dated 19.04.2024 filed by one Muntaj Ali against the informant/ Sahjahan Ali and again he has drawn my attention to another Ejahar dated 02.12.2024, lodged against the informant/Sahjahan Ali and two others. It is further submitted that the informant who was lodged a case against the petitioners who are involved in criminal activities and these Ejahars are testimony to that effect. 5. Learned Additional Public Prosecutor submits that case diary has been received and has drawn my attention to the relevant part of the investigation. Upon perusing the same, I find that the investigation has revealed materials lending support to the aforesaid contention of the defence about the involvement of the informant of this case in other criminal activities prima facie. Peruse the endorsement of the investigating officer in the case diary in this regard. Page No.# 3/3 6. I have considered the submissions made by both the parties. I have also perused the case diary. 7. Considering the facts as well as the materials available in the case diary, this Court finds it fit to allow the petition. 8. Accordingly, it is provided that in the event of arrest of the petitioners, named above, in connection with Bhagnamari P.S. Case No. 18/2024, registered under Section 61(2)/108 of BNS, 2023, they shall be released on furnishing bail bond of Rs.25,000/- each with a suitable surety each of the like amount, to the satisfaction of the arresting authority. 9. The direction for pre-arrest bail is subject to the conditions that the petitioners: (a) shall appear before the Investigating Police Officer within ten days from today and shall co-operate with the investigation; (b) shall not, directly or indirectly, make any inducement, threat 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. 10. Violation of any condition shall entail cancellation of pre-arrest bail. 11. The anticipatory bail application stands disposed of. 12. Send back the case diary. JUDGE Comparing Assistant