Page No.# 1/3 GAHC010264212024 2025:GAU-AS:55 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3293/2024 NABAJYOTI KEOT @ BABU S/O SHRI BABDHAN KEOT, R/O VILL- POTIA CHUBURI, P.O. DEKAGAON, P.S. TEZPUR, MOUZA- HALESHWAR, DIST. SONITPUR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. K SARMA, MR. S BORUAH Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 03/01/2025 Heard Mr. K Sarma, learned counsel for the petitioner and Mr. K K Parashar, learned Additional Public Prosecutor, Assam for the State respondent. 2. The petitioner, namely, Shri Nabajyoti Keot @ Babu, son of Shri Babdhan Keot, resident of Village-Potia Chuburi, P.S. Tezpur, District-Sonitpur, has filed this application under Section 482 of BNSS, 2023, seeking pre-arrest bail apprehending his arrest in Tezpur P.S. Case No. 684/2024 Page No.# 2/3 registered under Sections 304(2)/351(3)/3(5) BNS, 2023 corresponding to G.R. no. 1748/2024. 3. As per the FIR of the case dated 24.11.2024, allegation against the petitioner is that he along with another accused, Pankaj Pathak snatched away money from the bus conductors and that the other accused, Pankaj Pathak by threatening the conductors that they will shoot them with gun and thereby snatched away money from the bus conductors. 4. Mr. Sarma, learned counsel for the petitioner submitted that the other co-accused of the case, Pankaj Pathak, who was arrested has already been released on bail by the learned Chief Judicial Magistrate, Sonitpur, Tezpur vide order dated 09.12.2024. 5. Perused the case diary placed before the Court by Mr. Parashar, learned Additional Public Prosecutor, Assam. 6. Mr. Parashar, learned Additional Public Prosecutor, Assam from the case diary submitted that there is no such incriminating materials against the petitioner in the case diary for his custodial detention to investigate the said Tezpur P.S. Case No. 684/2024 and as there are materials available against the other co-accused, Pankaj Pathak, he was arrested in the case on 24.11.2024. 7. Considering such materials in the case diary, this Court is of the view that custodial detention of the petitioner, Shri Nabajyoti Keot @ Babu, is not warranted to investigate the said Tezpur P.S. Case No. 684/2024. As such, this pre-arrest bail application of the petitioner is accepted. 8. Accordingly, in the event of arrest of the petitioner, namely, Shri Nabajyoti Keot @ Babu, in said Tezpur P.S. Case No. 684/2024 registered under Sections 304(2)/351(3)/3(5) BNS, 2023 corresponding to G.R. no. 1748/2024, he shall be released on bail on furnishing a bail bond of Rs.30,000/- with 2 (two) local sureties each of the like amount, one of which shall be a Government employee, either State or Central Government, to the satisfaction of the arresting authority, subject to the conditions that the petitioner - (i) shall appear before the concerned Investigating Officer of said Tezpur P.S. Case No. 684/2024 on or before 10.01.2025 and thereafter, as and when he is required for necessary investigation of the case; (ii) shall not leave the territorial jurisdiction of said Tezpur Police Station, without obtaining prior written permission from the concerned I/O of the case; (iii) shall not hamper with the investigation, or tamper with the evidence of the case and (iv) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer. Page No.# 3/3 9. Violation of any of the aforesaid terms and conditions by the petitioner, namely, Shri Nabajyoti Keot @ Babu, pre-arrest bail granted to him in said Tezpur P.S. Case No. 684/2024 shall stand automatically vacated. 10. Accordingly, this pre-arrest bail application stands allowed to the extent above. 11. Return the case diary. JUDGE Comparing Assistant