Page No.# 1/4 GAHC010207322025 2025:GAU-AS:15366 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2294/2025 AJIJUR RAHMAN SON OF NASIR UDDIN VILL- BORBHETI P.S. NAGAON, SADAR P.O. KACHAMARI PIN-782002, DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. N J DUTTA, MR. R A CHOUDHURY,MR. D HUSSAIN,MR. R A MAZUMDER Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 13-11-2025 Heard Mr. D. Hussain, learned counsel for the petitioner and Mr. R. R. Kaushik, learned Additional Public Prosecutor, for the State respondent. 2. This is an application under Section 482 BNSS, 2023 praying for grant of pre- arrest bail to the accused/petitioner, namely, Ajijur Rahman who is apprehending his arrest in connection with Bongaigaon P.S. Case No. 163/2025 under Sections 318(4)/112 of the BNS, 2023. 3. Case diary received. Perused the same. 4. Mr. Hussain, learned counsel for the petitioner submitted that the accused is innocent and he has not committed any such offence, as alleged in the FIR. He also extended his cooperation, while he was on interim pre-arrest bail and he is still ready and willing to extend his further cooperation in the further investigation of the case. 5. Mr. Hussain, learned counsel further submitted that the accused is a student of 3rd Semester and he could not attend his semester examination due to pendency of this case and at the same time, he is also missing his classes, as he is not in position to attend the classes. 6. Mr. Hussain, learned counsel accordingly, submitted that considering the tender age as well as also considering the fact that the petitioner being a student, his bail prayer may be considered with any stringent conditions. 7. Mr. Kaushik, learned Addl. PP submitted in this regard that there is no new ground in the present bail application, which was earlier rejected. Further, he Page No.# 3/4 submitted that after perusal of the case diary, the interim order of bail granted to the petitioner was also vacated by this Court. 8. Mr. Kaushik, learned Addl. PP further submitted that his mobile phone has already been seized and the same has been forwarded to the FSL and from the note of the I.O., it also reveals that though the Facebook post in regards to Axom Botora was sent for information and notice was also issued in this regard under Section 94 of the BNSS, but the accused did not cooperate with the police and it is informed by the SSP office of the Cyber Cell that the said Facebook page is inactive at present and hence, the I.O. is now trying to get the information of the said facebook post by other means. 9. Mr. Kaushik, learned Addl. PP further submitted that it is stated by the I.O. in the bail objection that there is every probability of tempering with the electric evidences and probability of deleting the facebook post, chats etc., also cannot be denied at this stage, apart from influencing the evidences and misleading the investigation. 10. Mr. Kaushik, learned Addl. PP accordingly submitted that this is not at all a fit case to extend the privilege of pre-arrest bail to the present petitioner and custodial interrogation will be very much required for the present case. 11. Considering the submissions made by the learned counsel for both sides, I have also perused the case diary and from the note of the I.O. as well as materials so far collected by the I.O., it is seen that the present accused petitioner is the main kingpin of the entire offence and inspite of the fact that he was on interim pre-arrest bail, he did not extend his full cooperation with the I.O. Further, it is seen that the probability of hampering or tampering with the electronic evidences as well as the witness also cannot be denied at this stage. 12. 12. Further considering the nature of the offence, this Court is of the opinion Page No.# 4/4 that custodial interrogation may be required for the interest of the investigation and also to collect some electronic evidences, which may be essential for the purpose of investigation of the case. 13. Accordingly, this pre-arrest bail application of the petitioner, namely, Ajijur Rahman in connection with Bongaigaon P.S. Case No. 163/2025 under Sections 318(4)/112 of the BNS, 2023 stands rejected. 14. This pre-arrest bail application accordingly stands disposed of. 15. Return the case diary. JUDGE Comparing Assistant