Page No.# 1/4 GAHC010200692024 2025:GAU-AS:12235 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2579/2024 SANKAR JYOTI BARUAH S/O-LATE DILIP KUMAR BARUAH, R/O 2 NO- NAOHOLIA, P.O- NAOHOLIA, P.S- DULIAJAN, DIST- DIBRUGARH, ASSAM, PIN-786191 VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : Chandan Talukdar, MR. S K DEKA,MR. J DEKA,MR. S SARMA,A GAUTAM,MR. T K BHUYAN Advocate for the Respondent : PP, ASSAM, MR. T J MAHANTA (INFORMANT),MR P TALUKDAR (INFORMANT),MR W R MEDHI (INFORMANT) BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 09-09-2025 Heard Mr. S. Sarma, the learned senior counsel assisted by Mr. T.K. Bhuyan, the learned counsel for the petitioner. Also heard K.K. Das, the learned Page No.# 2/4 Additional Public Prosecutor appearing on behalf of State respondent and Mr. W.R. Medhi, the learned counsel for the informant. 2. This is an application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for granting pre-arrest bail to the petitioner, namely, Sankor Jyoti Baruah in connection with Dispur P.S. Case No. 953/2024 under Sections 376(1)/323/352/506/386 and subsequently added Section 307 of the erstwhile Indian Penal Code, 1860. 3. Case Diary received. Perused the same. 4. It is submitted by Mr. Sarma, the learned senior counsel for the petitioner that in pursuant to Order dated 30.07.2025, the petitioner had already appeared before the I/O and cooperated in investigation of this case. More so, in pursuant to the said order he also gave an undertaking before the I/O stating that he will henceforth not make any contact, in any manner whatsoever or threaten the victim/informant in connection with Dispur P.S. Case No. 953/2024 and also undertakes that he will extend his cooperation in the investigation in connection with Dispur P.S. Case No. 953/2024 and also he will extend his cooperation in Dispur P.S. GD Entry No. 35/2025. 5. Mr. Sarma submitted that prior to the order dated 30.07.2025 also he appeared before the I/O and in two occasions extended his cooperation in pursuant to order of interim bail dated 23.09.2024. Mr. Sharma further submitted he never misused any conditions of bail though it is alleged that he threatened the victim subsequent of filing of the FIR in Dispur P.S. Case No. 953/2024. 6. Mr. Sarma further submitted that he also obtained the order of pre-arrest Page No.# 3/4 bail in connection with Duliajan P.S. Case No. 89/2025 and he regularly cooperating in the investigation of this case. Accordingly, it is submitted by Mr. Sharma that there his custodial interrogation may not be required for the purpose of investigation. However, he is still ready and willing to extend his cooperation in further investigation of this case, if he is provided with the privilege of pre-arrest bail. 7. Mr. Das, the learned Additional Public Prosecutor submitted in this regard that from the statement made by the victim as well as her mother u/s 183 BNSS, they brought sufficient incriminating material against the present petitioner showing his involvement in the alleged offence. That apart there is also evidence of threatening of the victim as well as the family members and hence if the petitioner is provided with the privilege of pre-arrest bail, there is every possibility of hampering or tampering with the further investigation of this case. He further submitted that apart from that the accused/petitioner has the criminal antecedent and a case under Duliajan P.S. is also registered against the present petitioner which is also in the process of investigation. Accordingly, Mr. Das raised objection and submitted that it is not a fit case to extend the privilege of pre-arrest bail to the present petitioner. Mr. Das further submitted that the I/O also could not collect the report of WhatsApp call from the alleged accused to the complainant which has already sent to the Nodal Officer for examination. 8. Mr. Medhi, the learned counsel for the informant/victim submitted that the threatening is still there and the petitioner being a politically influenced person, there is every possibility of hampering or tampering with the investigation of this case and he also has criminal antecedent as a Duliajan P.S. Case is registered Page No.# 4/4 against the present petitioner. Report from the Nodal Officer is atill awaited and case is still under investigation and accordingly Mr. Medhi raised objection and submitted that is is not a fit case to extend the privilege of pre-arrest bail to the present petitioner. 9. Hearing the submissions made by learned counsel for both sides and on perusal of the case record it is seen that the accused has cooperated in the investigation of this case and after obtaining the order of interim bail, he appeared before the I/O and extended his cooperation. That apart it is also seen that in pursuant to Order dated 30.07.2023 he also gave an undertaking before the I/O stating that he will not make any contact in any manner or threaten the victim/the family of the informant. Further, it is also seen that though the I/O had sent the WhatsApp messages to the Nodal Officer for examination but, the I/O did not make any endeavour to collect the report and the report is still awaited. However, it is a fact that there are some incriminating materials against the accused/petitioner in the present case. But, considering all the aspects of this case, nature of the offence and the conduct of the accused/petitioner, I find that custodial interrogation may not be required in the present case for the purpose of investigation and accordingly the order of interim pre-arrest bail dated 23.09.2024 is hereby made absolute with a direction to the accused/petitioner to extend his cooperation as and when it is required by the I/O for the purpose of investigation. 10. With the above observations, the present petition stands disposed of. JUDGE Comparing Assistant