Page No.# 1/3 GAHC010246272025 2025:GAU-AS:17724 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2661/2025 MANASH PRATIM DUTTA S/O HEMANTA DUTTA, R/O HOUSE NO. 23, SIX MILE, GUWAHATI 22, P.S. DISPUR, DIST. KAMRUP (M), ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM. 2:MRS. KALPANA PATHAK W/O SRI NISHANT BAROOAH HOUSE NO. 355 UDAYAN VIHAR SATGAON GAUHATI-781171 DIST. KAMRUP (M) ASSA Advocate for the Petitioner : MR. J AHMED, MR. N J DUTTA,S I AHMED,MR P TALUKDAR,MR W R MEDHI,MR A V SINGH,MS A HUSSAIN Advocate for the Respondent : PP, ASSAM, MR. D K AGARWALA (R-2),MS. R CHOUDHURY(AMICUS CURIAE),MR A.K. HAJONG (VICTIM),MR I CHAKMA (VICTIM),MS. D GHOSH (VICTIM) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 19-12-2025 Heard Mr. J. Ahmed, learned counsel for the petitioner. Also heard Mr. D.P. Goswami, learned Addl. P.P appearing for the State and Ms. R. Choudhury, learned Amicus curiae appointed by the Court and Mr. D.K Agarwala, learned counsel appears on behalf of the respondent No.2. The allegation against the petitioner are reflected in the FIR dated 11.10.2025 where the minor victim has alleged that the applicant herein had misbehaved in a manner which has been reflected in the FIR with her during the party which she was attending along with her father. The learned counsel for the petitioner by referring to the different documents annexed to the bail petition and also to the additional affidavit filed has stated that there is ongoing fight between the mother and father of the alleged victim child and although it is fact that they all attended a party on a particular night on 10.10.2025 no such incident had happened and the FIR had been lodged without any such incident happening. This Court had appointed the Amicus curiae in the absence of the representation of the respondent No.2. However, Mr. D.K. Agarwala, learned counsel has appeared today for the respondent No. 2. The learned Addl. P.P has produced the CD related to the incident and from the investigation conducted and the statement of the witnesses so far recorded, this Court is of the prima facie view that the petitioner would be entitled to the privilege of pre- arrest bail under strict terms and conditions so as not to hamper or tamper the evidence or investigation in any manner, In such view of the matter, it is provided that the petitioner shall appear before the Investigating Authority within a period of 7 days from today to have his statement recorded. In the event of his arrest, the petitioner shall be released on furnishing a bail bond of Rs. 25,000/- with two sureties of the like Page No.# 3/3 amount subject, to the satisfaction of the arresting authority. The bail of the petitioner shall be further subject to the following conditions; i) That the accused person shall co-operate with the investigation and appear before the I/O for further examination. ii) That the accused person shall not hamper or tamper with the evidence. iii) That the accused person shall not contact, harass or harm the informant and other witnesses in any manner. It is made clear that the privilege of pre-arrest bail grant on the prima facie view of the evidence so far collected. In case the violation of any terms and conditions or if any incriminating material is collected by the I.O, the I.O would be at liberty to bring the same to the notice of the Court for cancellation to the bail. Accordingly, this anticipatory bail petition stands disposed of. JUDGE Comparing Assistant