Page No.# 1/4 GAHC010206692025 2025:GAU-AS:13633 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2234/2025 AMIYA KALITA AND 2 ORS. S/O LT. ANIL KALITA R/O VILL- SARUTEZPUR, P.O. SATPAKHALI, P.S. PALASHBARI, KAMRUP, ASSAM 2: LACHIT KALITA S/O PARESH KALITA R/O VILL-SARUTEZPUR P.S. PALASHBARI KAMRUP ASSAM 3: MANOJ KALITA S/O NRIPEN KALITA R/O VILL- SARUTEZPUR RAMPUR P.S. PALASHBARI KAMRUP ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A M BORA, MR. M S HUSSAIN,MR. D K BAIDYA,MR. D GAGAI Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date: 13.10.2025 Heard Mr. A. M. Bora, learned Senior Counsel assisted by Mr. M. S. Hussain, learned counsel appearing on behalf of the accused-applicant. Also heard Mr. B. Sarmah, learned Addl. P.P. representing the State respondent. 2. This is an application filed under Section 482 of the BNSS, 2023, praying for granting anticipatory bail to the accused-applicants in connection with Palashbari P.S. Case No. 221/2025, registered under Sections 126(2)/296/118(2)/109 3(5) of the BNS, 2023. 3. The facts that have been narrated in the FIR are that, one local boy of the locality, namely, Son Kalita lodged an FIR on 30.08.2025 before the Officer In-charge of Palashbari Police Station, alleging that about 11.20 PM while he was going by his bike to lock the gate of his Marriage Hall, the accused-applicants along with some others restrained him by abusing slang language and thereafter, stabbing him on his head by a sharp weapon. Thereafter, when he called his elder brother over the phone, the accused- applicants fled the scene. On receipt of the FIR, Palashbari P.S. Case No. 221/2025, under Sections 126(2)/296/118(2)/109 3(5) of the BNS, 2023 dated 04.09.2025 was registered. 4. The learned Senior Counsel appearing on behalf of the accused-applicants submits that the FIR has been registered under non-bailable sections of law and the Police authorities are searching for the accused-applicants. Therefore, they are having serious apprehension that they may be arrested in the instant case, and hence the accused- applicants have filed the instant pre-arrest bail application before this Court. 5. The learned Senior Counsel submits that the FIR has been filed against the Page No.# 3/4 accused-applicants with the motive of unnecessarily harassing the accused-applicants as the informant and accused-applicants are having some kind of rivalry from before. The learned Senior Counsel submits that the sections invoked against the accused-applicants are in fact, not attracted to the offences alleged in the FIR. He submits that in fact, there was no grievous injury suffered by the informant and the informant was released by the Medical Hospital immediately after examining him as the injury suffered was of very minor in nature. In view of the aforesaid, the learned Senior Counsel submits that the accused-applicants should be allowed to go on bail and they shall co-operate with the investigation as and when required. 6. The learned Addl. P.P. on the other hand, submits that the Case Diary reveals involvement of the accused-applicants in the instant case and the informant has in fact, suffered injury during the incident. In view of the aforesaid, he submits that the instant case is not a fit case that warrants interference of this Court at this stage and accordingly, the instant pre-arrest bail application may be rejected. 7. This Court has gone through the Case Diary and also heard the submissions of the counsel for the respective parties. 8. The Medical Report that has been submitted along with the Case Diary indicates that the informant has suffered very insignificant and simple soft tissue injuries in his body and there is no serious injury mentioned in the medical report. It is also seen that some kind of rivalry existed between the informant and the accused-applicants and it is likely that they might have involved in the quarrel in the heat of the moment without any prior conspiracy or intention. 9. After considering the materials coming on record and upon hearing the submissions of the learned counsels, this Court is of the considered view that this is a fit case wherein, pre-arrest bail may be granted to the accused-applicants. Therefore, this Court directs that in the event of arrest of the accused-applicants, the accused-applicants shall be allowed to go on pre-arrest bail, on their appearance before the Investigating Page No.# 4/4 Authority, furnishing a bail bond of Rs. 20,000/- (Rupees Twenty Thousand) each with one surety of the like amount to the satisfaction of the Investigating Officer. 10. Accordingly, the instant anticipatory bail application stands allowed, subject to the following conditions: - 1. The accused-applicants must appear before the Investigating Authority within a period of 10(ten) days of passing of the order and in the event on non-appearance by the accused-applicants within such period, the pre-arrest bail shall be deemed cancelled. 2. The accused-applicants shall cooperate with the investigation and shall make themselves available for interrogation by the Investigating Officers as and when required. 3. The accused-applicants shall not hamper or tamper with the prosecution evidence in any manner whatsoever. 11. In view of the above, the present anticipatory bail application is disposed of as allowed. JUDGE Comparing Assistant