Page No.# 1/4 GAHC010253392025 2025:GAU-AS:15562 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2724/2025 KISHOR DAS AND ANR S/O- ATUL DAS, R/O- BORPATHAR, PATTHAR QUARY, KHANAPARA, KAMRUP (M),GUWAHATI, P.S.- KHANAPARA 2: BAPUKAN RABHA S/O- LATE ARUN RABHA. R/O- VILL.- KOTHAKUCHI PT-1 P.S.- DHUPDHARA DIST.- GOALPARA PIN - 78312 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MS. T SOM, MS. A MAHANTA,R K SHARMA,MS. S SUT,B. DAS,MS. U HAZARIKA Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 18-11-2025 Heard Ms. T. Som, learned counsel for the accused applicants and Mr. P. Borthakur, learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 482 of the BNSS, 2023 praying for granting pre-arrest bail to the accused applicants in connection with the Basistha P.S. Case No. 550/2025 under Sections 132/121(1)/324(4)/3(5) of the BNS, 2023. 3. An FIR dated 07.11.2025 was filed before the Basistha Mandir Patrol Post by one ASI namely, Earjest Lotha, alleging that on 07.11.2025 at about 1:00 am, while ASI Earjest Lotha was executing patrolling duty at Basistha Borpathar area, he noticed one suspicious man coming from Basistha side on foot, carrying an airbag. On suspicion, he instructed him to stop but the accused person tried to flee away from there. It was alleged that when the informant got hold of the accused person, the accused person called some other persons to the place of occurrence and those persons assaulted him whereby the informant suffer certain injuries. It was alleged in the FIR that the accused applicants were also amongst those persons who assaulted the informant. 4. In view of the aforesaid FIR, the Police registered the Basistha P.S. Case No. 550/2025 under the aforementioned sections. 5. Ms. T. Som, learned counsel for the accused applicants submits that the accused applicants are no way involved in the alleged offence as narrated in the FIR. She submits that the accused applicants are close relatives of the co- Page No.# 3/4 accused namely, Shri Alakesh Das, who was in fact assaulted by the informant after apprehending him on mere suspicion. When they arrived at the place of occurrence on being called for rescue by the co-accused, Alakesh Das. She submits that the co-accused Alakesh Das is in fact working as a delivery man in a logistic company and he was returning home when the informant stopped him and questioned him. She further submits that Police has seized an airbag from him and nothing was found therein. However, surprisingly, in the seizure list, it was mentioned that some Kakhi colour Police uniform including the name plate of informant was found in the airbag. Therefore, learned counsel appearing for the applicants submits that the whole alleged incident is a fabricated one and cannot be trusted. In view of the filing of the aforesaid FIR, she submits that the accused applicants are apprehending arrest and therefore, have filed the instant application to allow them to go on pre-arrest bail. She submits that in the event of allowing the instant pre-arrest bail application, the accused applicants will cooperate with the investigation and appear before the investigating authority, as and when call for. 6. Mr. P. Borthakur, learned Additional Public Prosecutor for the State, on the other hand, submits that the accused applicants have assaulted the police men on duty and thereby committed serious crime against the public authority. Therefore, he opposes the granting of pre-arrest bail to the accused applicants at this stage. 7. This Court has gone through the materials brought on record and also heard the submissions made by the learned counsel appearing for the respective parties. 8. Considering the entire aspects of the matter and taking into account of the fact that nothing was seized from the co-accused Alakesh Das, this Court is of Page No.# 4/4 the considered view that the accused applicants should be granted privilege of pre-arrest bail. Accordingly, it is directed that in the event of arrest of the accused applicants by the arresting authority, they shall be released on bail on furnishing of bail bonds of Rs. 20,000/- (Rupees Twenty Thousand) each with surety of likes amount to the satisfaction of the arresting authority in connecting with Basistha P.S. Case No. 550/2025, subject to the following conditions: i. that the accused applicants shall appear before the investigating officer within 10 (ten) days from passing of this order; ii. that the accused applicants shall cooperate with the investigation and make themselves available before the investigating authority as and when call for; iii. that the accused applicants shall not directly or indirectly try to hamper or tamper with the investigation in the instant case; 9. In view of the above directions, the pre-arrest bail application stands disposed of as allowed. JUDGE Comparing Assistant