Page No.# 1/3 GAHC010237532025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2592/2025 DEPEN CHUTIA AND ANR S/O DULU CHUTIA R/O VILL ADARKUNA PS BADARPUR DIST KARIMGANJ ASSAM 2: JAYANTA CHUTIA S/O RAJ CHANDRA R/O VILL ADARKUNA PS BADARPUR DIST KARIMGANJ ASSA VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR. D CHUTIA, MR. D GOGOI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 19.11.2025 1. Heard Mr. D Gogoi, learned counsel for the petitioners. Also heard Mr. R.J Baruah, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed U/S 482 of the BNSS, 2023 for grant of pre- arrest bail to the petitioners namely (1) Sri. Depen Chutia and (2) Sri. Page No.# 2/3 Jayanta Chutia, in connection with PRC Case No. 55/2025 arising out of Kalain P.S Case No. 121/2024 U/S 448/376(D) of BNS, 2023. 3. The case is a charge-sheeted one and as per the FIR, on the day of occurrence i.e. on 30.08.2018, both the petitioners entered into the house of the complainant and after tying her hands and legs, forcibly committed rape upon her and fled. 4. Mr. D Gogoi, learned counsel for the petitioners has drawn attention of the Court to annexure D which is a typed copy of the FIR lodged by the mother of the petitioner No. 1 against the husband of the informant and the present accused alleging that when she, along with her daughter-in-law and sister-in-law and grandson, went to the house of the accused of the said FIR to attend an invitation, they were served tea and after having the same, they lost consciousness and thereafter, the said accused persons committed rape upon the informant, her daughter-in-law and sister-in-law. The said FIR was lodged on 03.10.2018 which was registered as Katigorah P.S Case No. 605/2018 U/S 120b/376d/342 of IPC. Mr. D Gogoi, learned counsel for the petitioners submits that the FIR of the present case was lodged 24 days as a counterblast to the FIR lodged by the petitioner side. 5. A perusal of the two FIRs would show that both sides have made similar nature of allegations against the other side. 6. Having regard to the above as well as the fact that the investigation is over culminating in the filing of the charge-sheet, there is no further necessity of taking the petitioners into detention. Accordingly, the prayer of pre-arrest bail is allowed. 7. The petitioners are directed to appear before the Ld. Magistrate concerned and in the event of such appearance they shall be released on pre-arrest bail on furnishing a bail bond of Rs. 50,000/- each with 1(one) surety each to the satisfaction of the concerned Court, in connection with the aforesaid case. Page No.# 3/3 8. Petition stands disposed of accordingly. JUDGE Comparing Assistant