Page No.# 1/3 GAHC010205582025 2025:GAU-AS:13825 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2226/2025 SRI BIKASH DEKA ALIAS MICKEL SON OF SRI MANTU DEKA, RESIDENT OF RUBBER BAGAN NEAR FCI GODOWN, PS-TEZPUR, DISTRICT-SONITPUR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. D CHOUDHURY, MS. A KHARBANI,MR T CHAKRABORTY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 15.10.2025 Heard Mr. T. Chakraborty, 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, Bikash Deka @ Mickel, in connection with Tezpur P.S. Case No. 1477/2020, registered under Sections 341/307/326/34 of the IPC, corresponding to PRC Case No. 1570/2021, pending before the Court of JMFC, Tezpur. 3. The facts of the case as have been narrated in the FIR are that on 23.08.2020, one Amar Ansary (the informant) had filed an FIR before Mahabhairab O.P., alleging that on 22.08.2020 at about 9.00 PM, when the brother of the informant namely, Arup Ansary was returning home after attending a birthday party, the accused-applicant along with two other persons attacked his brother with an intention to kill him. One of the co- accused, allegedly, injured his brother on chest and back with a knife and got him seriously injured. At that point of time, the informant arrived at the place of occurrence and on finding his brother soaked in blood, rescued him and took him to Times Hospital for treatment. On receipt of the FIR, Tezpur P.S. Case No. 1477/2020, under Sections 341/307/326/34 of the IPC was registered. 4. After the investigation into the matter, a Charge-sheet in the aforesaid matter was filed vide Charge-sheet no. 193/2021 on 30.4.2021 and the accused-applicant was shown as “absconder” in the Charge-sheet. Thereafter, the learned JMFC, Tezpur, took cognizance of the matter and on 17.12.2021, issued summons to the accused-applicant which was received by the father of the accused-applicant. 5. In view of the aforesaid registration of the case and issuance of summons by the learned Court of JMFC, Tezpur, the accused-applicant, having apprehension of his arrest had approached this Court by way of filing this instant Anticipatory Bail application. 6. The learned counsel appearing for the accused-applicant submits that vide the order dated 10.09.2025, this Court had already granted interim pre-arrest bail to the accused-applicant and the accused-applicant is willing to appear before the Trial Court to face the trial. However, he submits that as the case is triable before the Sessions Court, he is apprehending that he may be arrested on his appearance before the Court of Page No.# 3/3 JMFC, Tezpur. 7. The learned Addl. P.P., on the other hand, submits that since Charge-sheet has already been filed showing the accused-applicant as “absconder” and in spite of issuance of summons, the accused-applicant has not appeared before the committal Court, he prays that at this stage, interim pre-arrest bail granted to the accused-applicant may be cancelled. 8. This Court has gone through the materials available on record and taking into account the order passed on 10.09.2025 as well as the submissions made by the learned counsel appearing for the accused-applicant to the fact that he will appear before the committal Court on the next date fixed i.e. on 11.11.2025, this Court is of the considered view that interim pre-arrest bail order passed by this Court on 10.09.2025, should be made absolute by allowing him to appear before the committal Court. 9. In view of the aforesaid, the interim pre-arrest bail order passed on 10.09.2025 is hereby made absolute with the condition that in the event of non-appearance of the accused-applicant before the committal Court fixed on 11.11.2025, the instant order shall be deemed cancelled. 10. Accordingly, the instant anticipatory bail application stands disposed of as allowed. JUDGE Comparing Assistant