Page No.# 1/3 GAHC010227162025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2448/2025 SRI HEMANTA BORAH AND ANR S/O-LATE DRONA BORAH, R/O-KOKILAGURI, P.S.-GOHPUR, DIST.- BISWANATH, ASSAM, PIN-784178 2: SRI RAJU BORDOLOI S/O- SRI DEUBAR BORDOLOI R/O-KOKILAGURI P.S.-GOHPUR DIST.-BISWANATH ASSAM PIN-78417 VERSUS THE STATE OF ASSAM REPRESENTED BY PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR. L GOGOI, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 16-10-2025 Heard Mr. L. Gogoi, learned counsel appearing for the petitioner. Also heard Ms. A. Begum, learned Additional Public Prosecutor appearing for the State. Page No.# 2/3 This is an application under Section 482 BNSS, 2023 praying for granting pre-arrest bail to the accused applicants namely 1. Sri Hemanta Borah and 2. Sri Raju Bordoloi in connection with Jakhalabandha P.S. Case No. 46/2025 under Sections 140(1), 117(2), 303(2) and 3(5) of the BNS, 2023. The brief facts of the case as has been narrated in the FIR lodged on 09.05.2025 by one Nikita Bora, are that while she was travelling from Sivasagar to Guwahati, she was tried to be kidnapped by the accused applicants. It was also alleged in the FIR that there was some divorce proceeding pending between the accused applicant No.1 and the informant. It was also alleged that the accused applicant has stolen her mobile phone during the process. Learned counsel appearing for the accused applicant submits that the entire facts as has been narrated in the FIR are not correct and there is no divorce proceeding pending between the accused applicant No.1 and the informant. He submits that the FIR was filed due to some misunderstanding and thereafter, the accused applicant and the informant are staying together. Learned counsel for the accused applicant submits that the accused applicant No.2 is no way linked to the offences as alleged in the FIR, and therefore, he submits that the accused applicants may be allowed to go on pre-arrest bail. Learned Additional Public Prosecutor has submitted that the instant pre-arrest bail may not be granted to the accused applicants without perusing the case diary and therefore, she prays for calling for the case diary. This Court has heard the submissions forwarded by the learned counsel for the respective parties and also perused the materials available on record. After considering the entire facts of the matter, this Court is of the opinion that it is a fit case wherein the accused applicants should be given the privilege of grant of pre-arrest bail. In view of the aforesaid, it is directed the accused applicants shall be released on pre-arrest bail, in the event of their arrest by the Investigating Authority on furnishing of bail bond of Rs.20,000/- (Rupees twenty thousand) each with a surety of the like amount to the satisfaction of the Investigating Authority subject to the following conditions:- i) the accused applicants shall appear before the Investigating Authority within 10 (ten) days from today; ii)the accused applicants shall cooperate with the investigation and shall appear before the Investigating Authority as and when called for; Page No.# 3/3 iii) the accused applicants shall not hamper or tamper with the evidences of the case. With the above observation and directions, the anticipatory bail application stands disposed of as allowed. JUDGE Comparing Assistant