Page No.# 1/4 GAHC010173432025 2025:GAU-AS:13830 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1875/2025 SOURABHJYOTI MILI AND 3 ORS. SON OF SRI BAMBESWAR MILI R/O VILL- BAGHMARA P.S. NORTH LAKHIMPUR DIST. NORTH LAKHIMPUR, ASSAM 2: MR. ANIRAM KAMAN S/O SRI GAGAN KAMAN R/O VILL- BHURBANDHA JAIBHARI GEREKI P.S. NORTH LAKHIMPUR DIST. NORTH LAKHIMPUR ASSAM 3: MR. BASANTA TAID S/O SRI DULESWAR TAID R/O VILL- BAGHMARA P.S. NORTH LAKHIMPUR DIST. NORTH LAKHIMPUR ASSAM 4: PUNYASHWAR MILI S/O SRI MAMAI MILI R/O VILL- NO. NAHARANI P.S. NORTH LAKHIMPUR DIST. NORTH LAKHIMPUR ASSA VERSUS THE STATE OF ASSAM REP. HEREIN BY ITS PP, ASSAM Page No.# 2/4 Advocate for the Petitioner : MR S BORTHAKUR, MR. D CHUTIA,MR. U S BORA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 15.10.2025 Heard Mr. S Borthakur, learned counsel for the accused applicants. Also heard Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State. 2. This is an application under Section 482 of BNSS, 2023, praying for grant of pre- arrest bail to the accused applicants, namely, (1) Mr. Sourabhjyoti Mili, (2) Mr. Aniram Kaman, (3) Mr. Basanta Taid and (4) Mr. Punyashwar Mili, who are apprehending their arrest in connection with the North Lakhimpur P.S. Case No. 40/2025 registered under Sections 117(2)/140(3)/3(5) of BNS, 2023 with added Sections 109/103(2) of the BNS, 2023. 3. The brief facts as have been narrated in the FIR lodged on 25.01.2025 are that on 24.01.2025 while the informant’s husband Sri. Kanak Bora was present in his mustard field at Bokolibheta, Missing Gaon area, the accused applicants along with some other persons brutally assaulted him and thereafter, kidnapped him from the field. Since he was missing, after an extensive search it was found that Sri. Kanak Bora was under treatment at Assam Medical College, Dibrugarh and was fighting for his life. 4. It has been submitted that the aforesaid victim of the assault, Sri. Kanak Bora expired during his treatment in the Assam Medical College, Dibrugarh. 5. After the receipt of the aforesaid FIR, North Lakhimpur P.S. Case No. 40/2025 was registered under Sections 117(2)/140(3)/3(5) of BNS, 2023 initially and later on Sections 109/103(2) of the BNS, 2023 were added. 6. The learned counsel appearing for the accused applicants submits that vide an Page No.# 3/4 order dated 06.08.2025 this Court has already granted interim pre-arrest bail to the accused applicants and accordingly, the accused applicants had already appeared before the investigating authority. He further submits that the accused applicants shall keep on co-operating with the investigating authority in all possible ways. Therefore, he submits that the interim pre-arrest bail so granted by this Court vide its order dated 06.08.2025 should be made absolute. 7. The case diary in the instant case was called for and the same is received by this Court. 8. The learned APP, Assam for the State submits that there are various incriminating materials against the accused applicants which show the active involvement of the accused applicants in the commission of the crime as narrated in the aforesaid FIR. 9. This Court has thoroughly perused the case diary containing statements of various witnesses recorded by the police as well as other materials brought on record before this Court. From the statements so recorded of various witnesses, it is prima facie appeared that the accused applicant Nos. 1, 3, 4 and another co-accused, namely, Mohendra Pegu are involved in the commission of the crime so narrated in the FIR. It is also appeared that the accused applicant Nos. 1, 3 and 4, had, in fact, brutally assaulted the deceased Kanak Bora while he was being transported from the mustard field to the hospital in Dibrugarh after his initial assault at the mustard field. 10. In view of the presence of incriminating materials pointing fingers to the accused applicant Nos. 1, 3 and 4 of their involvement in the alleged crime, this Court is of the considered opinion that the interim pre-arrest bail so granted to the aforesaid accused applicant Nos. 1, 3 and 4 should be cancelled. However, this Court is of the view that the interim pre-arrest bail granted to the accused No. 2, namely, Mr. Aniram Kaman should be made absolute, as there is no incriminating prima facie material against him. 11. In view of the aforesaid, the interim pre-arrest bail so granted to the accused Page No.# 4/4 applicant Nos. 1, 3 & 4 are hereby cancelled. 12. The interim pre-arrest bail so granted to the accused applicant No. 2, namely, Mr. Aniram Kaman vide order dated 06.08.2025 is hereby made absolute. 13. In view of the aforesaid directions, the instant pre-arrest bail application stands disposed of. 14. Let the case diary be returned. JUDGE Comparing Assistant