Page No.# 1/4 GAHC010276762024 2025:GAU-AS:356 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3419/2024 GIRISH CHANDRA MEDHI AND 2 ORS S/O LATE ARUN CHANDRA MEDHI, R/O VILL- BALIKARIA (SARU SASTAR SUPA), P.S. NALBARI, DIST. NALBARI, ASSAM 2: BASANTI MEDHI W/O GIRISH CHANDRA MEDHI R/O VILL- BALIKARIA (SARU SASTAR SUPA) P.S. NALBARI DIST. NALBARI ASSAM 3: PRASENJIT MEDHI S/O GIRISH CHANDRA MEDHI R/O VILL- BALIKARIA (SARU SASTAR SUPA) P.S. NALBARI DIST. NALBARI ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MS F BEGUM, MS P DASGUPTA,MR S PAUL Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 09-01-2025 Heard Ms. F. Begum, learned counsel for the petitioner and Mr. M P Goswami, learned Additional Public Prosecutor, Assam. 2. Apprehending their arrest, the petitioners, namely, (1) Sri Girish Chandra Medhi, son of Arun Chandra Medhi, (2) Smti. Basanti Medhi, wife of Girish Chandra Medhi and (3) Sri Prasenjit Medhi, son of Girish Chandra Medhi all resident of Village- Balikaria (Saru Sastar Supa) P.S.-Nalbari, District-Nalbari have filed this application under Section 482 BNSS, 2023 seeking pre-arrest bail in Nalbari P.S. Case No. 381/2024 corresponding to G.R. No. 1044/2024 registered under Sections 118(1)/3(5) of the BNS. 3. As per the FIR dated 30.10.2024 lodged before the Officer-in-Charge of Nalbari Sadar Police Station by the complainant the allegation against the petitioners are that on 30.10.2024 around 05:00 pm while complainants brother-in-law namely Jitu Barman was coming to the house of the complainant, the accused petitioners had threw a Fataka on his body and when said complainant enquired as to why he had done the said act to Jitu Barman, the accused petitioners physically assaulted the complainant with bamboo and rod etc., in which the complainant sustained injuries. Thereafter, the complainant’s daughter namely Jyotishma Barman tried to protect the complainant, the accused persons also assaulted her with bamboo stick. Accordingly, said FIR of the complainant was registered as Nalbari P.S. Case No. 381/2024 under Sections 118(1)/3(5) of the BNS. 4. It is submitted by Ms Begum that the petitioners have been wrongly implicated in the case as there is a civil dispute between the petitioners and the side of the complainant and that an FIR has also been lodged by the accused petitioners against Page No.# 3/4 the complainant on 30.10.2024, which has been registered as Nalbai P.S. Case No.380/2024 against the complainant and her family members and thereafter, this cross-case has been filed by the complainant with false allegations. 5. Mr. Goswami, learned APP has placed the case diary before the Court. From the case diary Mr. Goswami, learned APP submitted that the complainant and her daughter sustained simple injuries during the altercation. 6. Considering the materials in the case diary, the Court is of the view that custodial detention of the petitioners are not warranted for investigation of said Nalbari P.S. Case No.3 81/2024. As such, this pre-arrest bail application of the petitioners in said Nalbari P.S. Case No. 381/2024 is accepted. 7. Accordingly, it is provided that in the event of arrest of the petitioners, namely, (1) Sri Girish Chandra Medhi, son of Arun Chandra Medhi, (2) Smti. Basanti Medhi, wife of Girish Chandra Medhi and (3) Sri Prasenjit Medhi, son of Girish Chandra Medhi in said Nalbari P.S. Case No.381/2024, they shall be released on bail on furnishing a bail bond of Rs.35,000/- each, with two local sureties each of the like amount, to the satisfaction of the arresting authority on conditions that the petitioners – (i) shall appear before the Investigating Officer of said Nalbari P.S. Case No. 381/2024 on or before 16.01.2025 and thereafter, as and when they are required for necessary investigation of said Nalbari P.S. Case; (ii) shall not leave the territorial jurisdiction of the Nalbari Police Station, without obtaining prior written permission from the concerned Investigating Officer of the case; (iii) shall not hamper with the investigation, or tamper with the evidence of the case; (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 and (v) shall not involve themselves in any criminal activities in future. 8. Any violation of the aforesaid terms and conditions by the petitioners, named Page No.# 4/4 above, the pre-arrest bail granted to them in said Nalbari P.S. Case No. 381/2024 shall stand automatically vacated. 9. This pre-arrest bail application accordingly stands allowed to the extent above. 10. Return the case diary. JUDGE Comparing Assistant