Page No.# 1/6 GAHC010249592024 2025:GAU-AS:4436 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3132/2024 PLABITA HAZARIKA @ PLABITA HAZARIKA DEY AND ANR. W/O PRASENJIT DEY R/O BISHNUNAGAR PATH, P.O. DIMORUGURI, P.S ITACHALI DIST. NAGAON, ASSAM PIN-782003 2: PRASENJIT DEY S/O LATE RANJIT KUMAR DEY R/O BISHNUNAGAR PATH P.O. DIMORUGURI P.S ITACHALI DIST. NAGAON ASSAM PIN-78200 VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PP, GOVT. OF ASSAM Advocate for the Petitioner : S AHMED, MS A HUSSAIN,MR. M I HUDA Advocate for the Respondent : PP, ASSAM, MR T CHHETRI (INFORMANT),MR. A GANGULY (INFORMANT) Page No.# 2/6 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 09-04-2025 Heard learned counsel Mr. D. Ullah on behalf of learned counsel Mr. S. Ahmed for the petitioner Nos. 1. Plabita Hazarika @ Plabita Hazarika Dey and 2. Prasenjit Dey, who have filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as they are apprehending arrest in connection with Nagaon Police Station Case No. 1076/2024 registered under Sections 61(2)/296(A)/329(3)/324(4)/ 308(2)/109/74/351 of Bharatiya Nyaya Sanhita, 2023. 2. Heard Mr. R.J. Baruah, learned Additional Public Prosecutor, Assam, learned counsel Mr. A. Ganguly for the informant X and learned counsel Mr. A. Chamuah for the victim Surajit Dey. 3. It is submitted on behalf of the petitioners that the FIR is basically against 25 accused persons. The prime accused in this case are Dulu Das, Prerna Das and other accused persons. 4. The allegation against the present petitioners is that petitioner no. 1 along with her husband, petitioner No. 2 defamed the victim and the petitioner No. 1 uploaded wrong messages through Facebook, social networking site. It is submitted that this is the reason why the petitioner No. 1 was granted interim bail vide order dated 02.12.2024 passed by a Coordinate Bench of this Court. 5. Learned Additional Public Prosecutor has submitted that there are incriminating materials in the Case Diary against the petitioner No. 1 relating to Page No.# 3/6 instigating the other accused persons who have assaulted the victim X. 6. I have considered the submissions at the bar. I have also scrutinized the Case Diary. 7. Learned counsel for the informant/victim X and learned counsel for the victim Surajit Dey have raised serious objection. They have filed written objections and they have brought to the notice of this Court that both the petitioners are involved in a series of cases. Learned counsel for the victim Surajit Dey has raised serious objection stating that there are six cases pending against the present petitioners, and they are not entitled to pre-arrest bail. 8. In reply, learned counsel for the petitioners has submitted that this victim Surajit Dey is not related to this case as he is an outsider and a third party and there is nothing connecting him to this case. 9. It is also submitted by the learned counsel for the petitioners that there are a slew of cases between both the parties and it is not a fact that only the petitioners are accused in a series of cases. 10. Learned counsel Mr. A. Ganguly for the victim X has submitted that interim bail order of the petitioner No. 1 is liable to be cancelled as the additional affidavit clearly reveals that the petitioner No. 1 has violated the bail conditions. The FIR has been lodged and a GD entry has been registered in connection with an incident at Itachali Outpost on 13.12.2024 wherein the petitioner No. 1 has shoved the victim and verbally abused her using filthy language. 11. On the other hand, learned counsel for the petitioners has submitted that Page No.# 4/6 no case against such allegation has been registered despite the fact that GD entry has been recorded. 12. It is further submitted that the petitioner No. 1 is willing to abide by any stringent bail conditions if imposed upon her further. It submitted that the interim bail order of the petitioner No. 1 may be made absolute. 13. In the wake of the foregoing discussions, I deem it appropriate to allow the petition. The interim bail order dated 02.12.2024 granting interim bail to the petitioner No. 1 is hereby made absolute under the conditions that :- (i) the petitioner No. 1 shall refrain from such activities with which she is alleged, (ii) the petitioner No. 1 shall appear before the Investigating Officer on every fortnight till completion of investigation, (iii) the petitioner No. 1 shall not exercise threats to the witnesses as well as the victim and, (iv) the petitioner No. 1 shall not leave the jurisdiction of the Court without prior permission. 14. On breach of any of the bail conditions, this bail order in respect of petitioner No. 1 shall automatically stand cancelled. 15. In the event of his arrest, petitioner No. 2 shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the arresting authority under the Page No.# 5/6 conditions that :- (i) the petitioner No. 2 shall refrain from such activities with which he is alleged, (ii) the petitioner No. 2 shall appear before the Investigating Officer within one week and cooperate with the investigation, (ii) the petitioner No. 2 shall appear before the Investigating Officer on every fortnight till completion of investigation, (iii) the petitioner No. 2 shall not exercise threats to the witnesses as well as the victim and, (iv) the petitioner No. 2 shall not leave the jurisdiction of the Court without prior permission. 16. On breach of any of the bail conditions, this bail in respect of petitioner No. 2 shall automatically stand cancelled. 17. In terms of the above observation, this Anticipatory Bail Application stands disposed of. 18. Send back the Case Diary. JUDGE Page No.# 6/6 Comparing Assistant