Page No.# 1/3 GAHC010265632025 2025:GAU-AS:16599 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2834/2025 BITUPON BORAH SON OF PRANOB JYOTI BORAH, RESIDENT OF RAJABARI GAON, DIST- DIBRUGARH, 786184, ASSAM. VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR B P BORAH, MR. A KHANDAKAR,MR P J DUTTA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 03.12.2025 Heard Mr. B. P. Borah, learned counsel appearing for the accused applicant and Mr. K. K. Parasar, learned Addl. PP for the State of Assam. 2. This is an application under Section 482 of BNSS, 2023 praying for granting interim pre-arrest bail to the accused applicant in connection with Dibrugarh P.S. Case No.187/2025 registered under Section 126(2)/304/189(2) of BNS read with Section 3(i)(r) of the Schedule Cast and the Schedule Tribe (Prevention of Atrocities) Act, 1989. Page No.# 2/3 3. The gist of the allegations as narrated in the FIR dated 06.06.2025 is that 6 to 7 unknown persons forcefully and illegally restrained the vehicle of the informant and snatched the vehicle key from the driver and assaulted the driver physically. 4. On an enquiry, it came to be known that the accused persons belonged to Chola Mandalam Investment and Finance Company Limited and they have been engaged as recovery agents by the aforesaid Finance Company. It was also alleged in the FIR that the accused persons uttered abusive languages making casteist remarks and demanded a sum of Rs.5,00,000/- from the informant. One of the co-accused Sri Ratul Das was named in the FIR. 5. Vide order dated 31.07.2025, the aforesaid accused person, namely, Ratul Das along with another co-accused were granted bail by a coordinate bench of this Court. 6. The learned Senior counsel appearing for the accused applicant has referred to the case of Shajan Skaria-vs-State of Kerala and Anr; reported in 2024 SC Online SC 2249, wherein the Hon’ble Supreme Apex Court has held that despite the bar of anticipatory bail imposed by Section 18A of the Schedule Castes and the Schedule Tribes (Prevention of Atrocities) Act, 1989, if there are no prima facie materials then a small window may still be available for granting anticipatory bail. 7. The learned counsel appearing for the accused applicant has referred to the primary enquiry report dated 25.05.2025 of the I.O., which revealed that no evidence as to making of casteist remark could be found as alleged in the FIR. Page No.# 3/3 8. The learned Addl. PP for the State did not dispute that the bail was granted on the basis of the primary enquiry report of the I.O. 9. Taking into the account the ratio laid down by the Hon’ble Apex Court in the case of Shajan Skaria (Supra) as well as the order dated 31.07.2025 passed by a coordinate bench of this Court, this Court is of the considered opinion that the accused applicant should be allowed to go on pre-arrest bail. Accordingly, it is directed in the event of the arrest of the accused applicant, namely, Bitupon Borah, he shall be released on bail on furnishing a bail bond of Rs.20,000/- with a surety of like amount to the satisfaction of the investigating authority in connection with Dibrugarh P.S. Case No.187/2025. However, the interim pre-arrest bail shall be subject to the following conditions:- (i) that the accused applicant shall appear before the I.O. of the case within a period of 10 days from the date of passing of this order; (ii) that the accused applicant shall co-operate with the investigation and shall make himself available before the I.O. of the case as and when called for. In view of the aforesaid directions, the instant Anticipatory Bail application stands disposed of as allowed. JUDGE Comparing Assistant