Page No.# 1/3 GAHC010198722025 2025:GAU-AS:13823 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2188/2025 SRI CHIMON JYOTI DUTTA ALIAS SIMON DUTTA SON OF LATE GHANA KANTA DUTTA R/O HOUSE NO. 3, BY LANE NO. 1, NARAKASUR, P.O. DISPUR, GUWAHATI- 781019, DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. B K SEN, F. SHAHIN,N HASAN,MR A HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 15.10.2025 Heard Mr. B. K. Sen, learned counsel appearing on behalf of the accused- applicant. Also heard Mr. R. J. Baruah, learned Addl. P.P., representing the State respondent. 2. This is an application filed under Section 482 of the BNSS, 2023, praying for grant Page No.# 2/3 of pre-arrest bail to the accused-applicant, namely, Shri Chimon Jyoti Dutta @ Simon Dutta, in connection with Hatigaon P.S. Case No. 157/2025, registered under Sections 292/117(2)/109/3(5) of the BNS, 2023. 3. The facts of the case involved are that there was an altercation between one Rekib Zaman and others, including the accused-applicant with regard to some relationship with a girl. During the altercation, the accused-applicant was physically assaulted and he was seriously injured. It was also alleged in the FIR that the Police found the accused- applicant lying by the roadside and thereafter, the Police had taken him to GMC Hospital and later on, he was shifted to Nemcare Hospital, from where he had been discharged. 4. The learned counsel appearing for the accused-applicant submits that the accused- applicant is not involved in any kind of offences as narrated in the FIR and his name has not been named as an accused, rather his name has surfaced in the FIR as the person, who has been assaulted. The learned counsel further submits that he is undergoing treatment and requires constant medical attention. He submits that Police had visited him at his residence as well as at Hospital to enquire about the incident and in view of the aforesaid, he has some apprehension that he may be arrested by the police in connection with the FIR filed. In view of the aforesaid, he submits that the interim pre- arrest bail so passed on 08.09.2025 should be made absolute. 5. Whereas, the learned Addl. P.P. submits that the accused-applicant is not named in the FIR and is not being looked for by the police in connection with the case. The learned Addl. P.P. submits that the instant anticipatory bail application is not maintainable as there is no genuine apprehension of arrest on the part of the accused- applicant. Therefore, he prays that the instant anticipatory bail application be dismissed as not maintainable. 6. This Court has heard the submissions made by the learned counsels appearing for the respective parties. Page No.# 3/3 7. Though there was no specific statement in the application as to his serious apprehension for being arrested, it is seen that police has made several visits to his resident as well as the hospital, which indicate that he may have some apprehensions for being arrested. Further, looking into the aspect that he has already been granted interim pre-arrest bail and he has appeared before the Investigating Authority and the Investigating Authority has recorded his statement, this Court is of the considered opinion that this is a fit case wherein, the accused-applicant may be granted the privilege of pre-arrest bail. 8. In view of the aforesaid, the interim pre-arrest bail order passed, vide order dated 08.09.2025 is made absolute in the same terms and conditions. Accordingly, the instant pre-arrest bail is disposed of as allowed. JUDGE Comparing Assistant