Page No.# 1/3 GAHC010186792024 2025:GAU-AS:297 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2421/2024 RONY DAS S/O RUPAM DAS, R/O VILL- 42, DHALIGAON, P.O. NEW BONGAIGAON, P.S.- BONGAIGAON, PIN-783381, DIST- BONGAIGAON, ASSAM VERSUS STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A K BHUYAN, MR J DAS,MR A SHARMA,MR A TALUKDAR,MS B BORA,MR. A KHOUND,MS. N CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 08.01.2025 Heard Mr. A K Bhuyan, learned counsel for the petitioner and Mr. K K Parashar, learned Additional Public Prosecutor, Assam for the State. 2. Apprehending his arrest, the petitioner, namely, Rony Das, son of Rupam Das, resident of village – 42, Dhaligaon,, Police Station-Bongaigaon, District- Bongaigaon has filed this application under Section 482 of the BNSS, 2023, praying for his pre-arrest bail in Page No.# 2/3 Bongaigaon Police Station Case No. 290/2024 registered under Sections 61(2) (a)/109(2)/118(2)/117(2)/331(3) of BNS, 2023 read with Section 25(1-A)/27/35 of the Arms Act, corresponding to G.R. No. 495/2024. 3. Pursuant to the order dated 06.12.2024, Mr. K K Parashar, learned APP, Assam by placing the relevant case diary submitted that on obtaining interim bail, the petitioner appeared before the Investigating Officer of the case and his statement has been recorded. 4. From the FIR of the case dated 25.08.2024, it is seen that though the complainant alleged that the accused persons of the case who fled away from the scene had assaulted him with sharp weapon on his right hand, but from the report of the Medical and Health Officer No. 1, Bongaigaon Civil Hospital dated 25.08.2024, it is seen that the complainant sustained abrasion in his right hand caused by blunt object. Moreover, the complainant’s father also sustained abrasion in his left sole caused by blunt object as per the report of the Medical and Health Officer No. 1, Bongaigaon Civil Hospital dated 25.08.2024. 5. As per the FIR of the case dated 25.08.2024, the suspected accused person of the case was apprehended along with a revolver. However, one of the witnesses, i.e., the father of the complainant indicated in his statement before the police recorded under Section 180 BNSS, 2023 that he had seen a revolver in the hands of the petitioner and that the revolver has been found and seized from the seized Scorpio vehicle. 6. The note of the I.O. of the case dated 25.08.2024 also indicated that the revolver has been seized from the offending Scorpio vehicle, which fell down in the drain near the place of occurrence when it tried to flee away. 7. Considering such materials in the case diary and since the petitioner is co-operating with the investigation of the case, this Court is of the opinion that custodial detention of the petitioner is not warranted for investigation of said Bongaigaon Police Station Case No. 290/2024. 8. Accordingly, interim bail granted to the petitioner, Rony Das, in said Bongaigaon P.S. Case No. 290/2024 by order dated 18.09.2024 passed earlier in the present proceeding is hereby made absolute, subject to the compliance of the terms and conditions as specified in the said order dated 18.09.2024 and on compliance of the conditions that that the petitioner, Page No.# 3/3 named above — i) shall appear before the concerned Investigating Officer of said Bongaigaon P.S. Case No. 290/2024, as and when he is required for necessary investigation of the case; ii) shall not leave the territorial jurisdiction of Bongaigaon Police Station without obtaining prior written permission from the Investigating Officer of said Bongaigaon P.S. Case; iii) shall not hamper with the investigation, or tamper with the evidence of the case; iv) 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 them from disclosing such facts to the Court or to any police officer and; v) shall not involve himself in any criminal activities in the future. 9. 9. Violation of the aforementioned terms and conditions as well as violation of any of the terms and conditions as specified in the order dated 18.09.2024, noted above, the pre-arrest bail granted to the petitioner, Rony Das, in said Bongaigaon P.S. Case No. 290/2024 shall stand automatically vacated. 10. This pre-arrest bail application accordingly stands disposed of. 11. Return the case diary. JUDGE Comparing Assistant