Page No.# 1/2 GAHC010245782024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3146/2024 NANDAN DAS S/O SIRIJ DAS R/O VILL- BOHADOLONI P.S. MAYONG, PO. BORPAK, DIST. MORIGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MS. D GHOSH, MS A HUSSAIN,MR A.K. HAJONG,MR. S. K. CHAKMA,MR I CHAKMA,MS N DEKA,MS H BETALA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 25.02.2025 Heard Ms. D Ghosh, learned counsel for the petitioner and Mr. R. R. Kaushik, learned Additional Public Prosecutor, Assam. By this application filed under Section 482 of the BNSS, the petitioner, namely, Sri Nandan Das, has prayed for pre-arrest bail, who apprehends arrests in connection with Mayong Police Station Case No. 59/2024. Page No.# 2/2 The informant has alleged in her FIR that on 22.04.2024, at about 10.40 PM, while her husband and other family members watching television, the petitioner entered into her bedroom and tried to commit rape upon her. She raised hue and cry over the incident and the petitioner was apprehended by the family members. Thereafter, the informant tried to lodge FIR in the Police Station but her FIR was not accepted. Subsequently, she filed a complaint case before the court and the same was sent to the Police Station for registering a case. During investigation, the informant has given statement under Section 164 CrPC wherein she has supported the allegation made against the present petitioner. Ms. Ghosh has pointed out that both sides are closed neighbours and they are already in different disputes regarding property etc. On one occassion, mother of the petitioner had lodged an FIR before Police on 25.10.2023 against husband of the present informant and some other persons. In that case, the husband of the inforamnt was arrested by Police. Thereafter, on 22.04.2024, the present petitioner was badly beaten up by the husband of the informant of this case. Therefore, the wife of the present petitioner had lodged a complaint case against the husband of the informant as well as family members. I have considered the submissions made by the learned counsel for both the sides. It appears that the both sides are enemical towards each other for a long time. This court is of the opinion that under the given circumstances, the petitioner does not deserve to be detained in custody. Therefore, the prayer for pre-arrest bail is allowed. Accordingly, it is hereby directed that in the event of arrest of the petitioner, namely, Sri Nandan Das, who apprehends arrests in connection with Mayong Police Station Case No. 59/2024, shall be released on bail of Rs.20,000/- with one surety of like amount to the satisfaction of the arresting authority. The petitioner is directed to appear before the Investigating Officer within 10 (ten) days from today. Bail application is disposed of. Return the Case Diary. JUDGE Comparing Assistant