Page No.# 1/3 GAHC010202122025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2192/2025 RAJESH CHANDA SON OF BIPUL CHANDA R/O VILL- DIGHALPAM P.S. HOJAI, DIST. HOJAI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR A K AZAD, MR. I HUSSAIN Advocate for the Respondent : PP, ASSAM, P ADHIKARI (INFORMANT) BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 08.09.2025 Heard Mr. A.K. Azad, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State and Ms. P. Adhikary, learned counsel for the informant. Page No.# 2/3 2. By this petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner, namely, Rajesh Chanda, has prayed for granting pre-arrest bail, apprehending arrest in connection with PRC Case No. 135/2020 (arising out of Hojai P.S. Case No. 631/2025) under Section 448/376 IPC. 3. The learned counsel for the petitioner has drawn my attention to the FIR lodged on 19.10.2015 itself. The allegation is that the accused who is the brother-in-law of the informant/woman, illegally trespassed into her house in the absence of her husband, committed rape and later on confronted by an individual who is the younger brother of the accused. It is submitted that upon completion of investigation in the case, charge sheet has been filed against the petitioner. The case is currently at the stage of appearance and committal, and summons have been issued to the present petitioner. As such, he is apprehensive of arrest if he appears before the learned trial court. 4. The learned Additional Public Prosecutor submits that scanned TCR may be called for at this stage. As the allegations are serious in nature, he has opposed in granting pre-arrest bail to the petitioner. 5. The learned counsel for the informant submits that the informant does not have any objection in the bail prayer and supported the affidavit annexed by the petitioner. 6. I have perused the documents available therein. Informant in her affidavit stated that out of misunderstanding, the FIR has been lodged against the petitioner and also stated that the informant has no objection in granting pre- arrest bail to the petitioner. 7. Accordingly, it is provided that in the event of arrest of the petitioner, named above, in connection with PRC Case No. 135/2020 (arising out of Hojai P.S. Case No. 631/2025) under Section 448/376 IPC, he shall be released on Page No.# 3/3 furnishing bail bond of Rs.25,000/- with a suitable surety of the like amount, to the satisfaction of the arresting authority. 8. The direction for pre-arrest bail is subject to the condition that the petitioner: (a) shall appear before the trial court; and (b) shall co-operate with the process of law. 9. Violation of condition(s) shall entail cancellation of pre-arrest bail. 10. The anticipatory bail application stands allowed and disposed of. JUDGE Comparing Assistant