Page No.# 1/3 GAHC010167602025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1832/2025 SRI DIPANKAR DEKA S/O HITESH DEKA RESIDENT OF HOUSE NO 16, MADHABALAYA, BT COLLEGE LANE WEST, LACHIT NAGAR, POLICE STATION PALTANBAZAR, PO ULUBARI, DISTRICT KAMRUP(M), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. K N CHOUDHURY, MS. K DEY,MR. N N B CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 15.09.2025 1. Heard Mr. K.N Choudhury, learned Sr. counsel assisted by Mr. N.N.B Choudhury, learned counsel for the petitioner. Also heard Ms. S.H Borah, learned Additional Public Prosecutor for the State of Assam. Page No.# 2/3 2. This is an application u/s 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for granting pre-arrest bail to the accused petitioners in connection with All Women Police Station, Panbazar Case No. 61/2025 u/s 69/77/79/81/131/133/151(3)/356 of the Bharatiya Nyaya Sanhita (BNS), 2023. 3. It is submitted by Mr. Choudhury that the present accused/petitioner is innocent and he is no way connected in any such offence as alleged in the FIR. There is a relationship with the informant but he has not committed any such offence as alleged. Rather on the day of incident i.e. on 19.07.2025 the informant along with her sister and some other boys came to the residence of the petitioner and assaulted his wife for which she sustained injury in her person and somehow she was rescued with the intervention of the present petitioner. Immediately an FIR is also lodged by the wife of the present petitioner on 21.07.2025 but, except G.D. Entry, same is not yet registered. 4. The informant has lodged the FIR only on 24.07.2025 and from the contents of the FIR itself it is seen that she along with her sister came to the residence of the present petitioner on the day of incident i.e. on 19.07.2025. Further, it is submitted that the informant lodged a divorce case against her husband only on 18.07.2025 and immediately on 19.07.2025 she came to the house of the petitioner with an intention to drive out the wife of the petitioner and also assaulted her. 5. Ms. S.H Borah, learned Additional Public Prosecutor for the Page No.# 3/3 State of Assam has placed the Case Diary before the Court. 6. Pursuant to the interim prayer of bail dated 01.08.2025, the petitioner has appeared before the I/O and his statement has been recorded. 7. I have also perused the decision of the Hon’ble Supreme Court in Jaspal Singh Kaural v. State of NCT of Delhi and Another reported in (2025) 5 SCC 765 submitted by Mr. K.N Choudhury, learned Sr. counsel appearing for the petitioner. 8. Having regard to the facts of the instant case, this Court is of the considered view that custodial interrogation of the petitioner may not be necessary. 9. Accordingly, the prayer for bail application is allowed. 10. Interim prayer of bail dated 01.08.2025 is hereby made absolute. 11. Send back the Case Diary. 12. In view of the above, the petition stands disposed of. JUDGE Comparing Assistant