Page No.# 1/4 GAHC010248162025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2717/2025 ABHIJIT NATH SON OF SRI KAMAKHYA NATH, RESIDENT OF VILLAGE PALASHGURI, PO NARAYANPUR, PS MUSHALPUR, DISTRICT BAKSA, ASSAM, PIN-781372 VERSUS THE STATE OF ASSAM REPRESENT ED BY THE PP, ASSAM Advocate for the Petitioner : MR. M SARANIA, N GOGOI,MR A SARANIA,MR R.BEZBARUAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 18.11.2025 Heard Mr. M. Sarania, learned counsel for the accused/ applicant. Also heard Mr. P. Barthakur, learned Additional Public Prosecutor for the State. 2. This is an application under Section 482 of the BNSS, 2023, praying for the grant of pre-arrest bail to the accused/applicant in connection with Page No.# 2/4 Mushalpur PS Case No. 85/2025 registered under Sections 61(2)/191(3)/326(g)/117(2)/118(2)/109(1)/121(1)/121(2)/ 190 BNS read with Sections 3/4 of PDPP Act and Section 25(1-A) of the Arms Act. 3. The allegations brought against the applicant in the FIR dated 16.10.2025 state that during the transfer of certain UTPs from Guwahati to Nikashi Jail in Mushalpur, a large crowd gathered and breached the security parameters, forcibly attempting to prevent the vehicles from entering the jail and obstructing the entire convoy. It is alleged that the crowd pelted stones at the convoy of vehicles, causing significant damage to public property. Further, it is alleged that the mob assaulted police personnel and pelted stones at them while they were performing their lawful duties, thereby preventing public servants from discharging their official responsibilities. 4. In view of the filing of the aforesaid, Mushalpur PS Case No.85/2025 was registered under the aforementioned Sections. 5. The learned counsel for the accused/applicant submits that the accused/applicant may have been present at the gathering during the transfer of the under-trial prisoners to the jail; however, he was not involved in any of the alleged incidents narrated in the FIR. The learned counsel further submits that during the course of the investigation, several persons have been arrested by the police, but the accused/applicant has neither been arrested nor summoned for questioning. It is further submitted that most of the persons who were arrested have already been granted bail by the learned Sessions Judge, Baksa. The learned counsel also submits that the accused/applicant is a law-abiding citizen and will fully cooperate with the investigation if called upon by the investigating officer. Page No.# 3/4 6. In view of the aforesaid submissions, the learned counsel for the accused/applicant submits that the accused/applicant may be granted pre- arrest bail in the instant bail. 7. Mr. P. Barthakur, learned APP for the State, on the other hand, submits that the mob gathered near the jail caused significant damage to public property and assaulted police officers on duty. Therefore, taking into account the nature of the offences alleged, the accused/applicant should not be granted pre-arrest bail in this case. 8. This Court has gone through the allegations contained in the FIR as well as other materials placed before it. The Court has also heard the submissions made by the learned counsel appearing for the respective parties. After considering the matter in its entirety, and taking into account the fact that the accused/applicant has not been arrested by the investigating authority till date, this Court is of the opinion that the instant case merits the grant of pre-arrest bail to the accused/applicant. Accordingly, it is directed that in the event of the arrest of the accused/applicant by the arresting authority, the accused/applicant shall be released on bail upon furnishing a bail bond of Rs. 20,000/- with one surety of like amount, to the satisfaction of the investigating officer, in connection with Mushalpur PS Case No. 85/2025, subject to the following conditions: (i) The accused/applicant shall appear before the investigating officer within 10 (ten) days from the date of this order. (ii) The accused/applicant shall cooperate with the investigation and make himself available before the Page No.# 4/4 investigating authority as when called for. (iii) The accused/applicant shall not try to tamper or hamper with the investigation in the aforementioned Mushalpur PS Case No.85/2025. 9. In view of the aforesaid directions, the instant AB application is disposed of. JUDGE Comparing Assistant