Page No.# 1/4 GAHC040000212025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/1/2025 Sanjib Phiang Son of Sange Norbu Phiang, a permanent resident of Singchung Village, PO Tenga Valley, PS Rupa, West Kameng District, Arunachal Pradesh. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Limi Bam, Bomchi Taipodia,G Loyi Advocate for the Respondent : P P of AP, BEFORE HON’BLE MR. JUSTICE KARDAK ETE O R D E R 06.02.2025. Heard Mr. B. Taipodia, learned counsel for the accused applicant. Also heard Ms. L. Hage, learned Additional Public Prosecutor for the State. 2. This is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying for grant of privilege of pre-arrest bail to the accused applicant, namely, Sanjib Phiang, in connection with Rupa P.S. Case Page No.# 2/4 No.01/2025, under Section 115(2)/221/126(2)/132/3(5) of BNS, 2023. 3. The prosecution case, in brief, is that SI Nima Tsering, the officer-in- charge of Bomdila P.S., lodged a complaint before the officer-in-charge, Rupa Police Station to the effect that while he along with his staff doing investigation in connection with the BDL/PS/C-No 21(a)/25/27 NDPS Act, vide GDE No.05/25 dated 01/01/2025 and arrived near Shaitan Bridge, one unknown boy pointing his fingers was saying something and when the complainant asked him what happened, he directly punched the complainant. When his staffs tried to calm down the situation, then a group of people came there and they also hit them, despite the complainant introduced themselves as policemen. All the accused were in drunken state and hit them in mob. In the incident, one lady called to be their mother, also took active part in the incident of attack and she also used her finger nails and injured the complainant on his neck, along with others. Upon receipt of the said complaint, the Rupa P.S. Case No.01/2025, under Section 115(2)/221/ 126(2)/132/3(5) of BNS, 2023 was registered. 4. Apprehending arrest, the accused applicant in the above case, present application is filed. 5. Mr. B. Taipodia, learned counsel for the accused applicant submits that in the evening of 01.01.2025, the accused applicant along with others went to Jang market to collect grocery items in his car bearing Regn. No. AR-01P-4836 and while reaching the Setan bridge, they found that one bolero pickup met with accident resulting in blockage of the main road and there was no space for movement, resulting in traffic congestion. When the accused applicant parked his vehicle behind the informant’s vehicle and he went to enquire about the reasons for traffic congestion, then suddenly the informant in a state of intoxication came out of his vehicle and started to punch the accused applicant Page No.# 3/4 without any reason or provocation, resulting in minor scuffle between accused applicant Sanjib Phiang and the informant. 6. It is submitted by the learned counsel for the accused applicant that on 02.02.2025, the Officer-in-Charge of the Rupa P.S. has served the notice under Section 35(3) BNNS, 2023 for appearance of accused person whereby directed the accused applicant to appear before Officer-in-Charge Rupa Police Station at 10:00 A.M. on 04.01.2025 at Rupa police station. Therefore, apprehending arrest in connection with the aforesaid Rupa P.S. Case No.01/2025, the present application has been filed, praying for privilege of pre-arrest bail. 7. It is further submitted by the learned counsel for the accused applicant that the informant had falsely lodged the FIR dated 02.01.2025 against the accused person, only to harass him using his position. The accused applicant further stated that he is ready to co-operate with the investigation of the case, in the event of his release on bail. The accused applicant further pleaded that he is serving as Constable in the IRBN and currently posted as the PSO of an MLA of the State. 8. Ms. L. Hage, learned Additional Public Prosecutor for the State submits that the statement of the accused applicant under Section 180 of the BNSS, 2023 has been recorded and the accused applicant has been released on interim bail, pursuant to the order of this Court vide dated 08.01.2025. Ms. Hage submits that although the petitioner appears to have involved in the alleged offence, but the injuries caused are simple in nature. Therefore, the accused applicant may be granted pre-arrest bail with a condition to cooperate with the investigation. 9. I have heard the submissions of learned counsel for both sides and Page No.# 4/4 perused the scanned copy of the case diary. 10. On perusal of the case diary, it shows that prima facie the accused applicant appears to have involved in the case of assault. However, the injury report reflects that the injuries caused to the victims are simple in nature. 11. Having considered the nature of allegation and the injuries sustained being simple in nature and considering that no custodial interrogation would be required, I am inclined to grant the privilege of pre-arrest bail to the accused applicant, namely, Sanjib Phiang, in connection with Rupa P.S. Case No.01/2025. 12. Accordingly, the interim bail granted on 08.01.2025, is hereby made absolute on the following conditions: (i) that the accused applicant shall appear before the Investigating Officer, as and when called for and shall fully cooperate with the investigation, as and when required in connection with Rupa P.S. Case No.01/2025; and (ii) that the accused applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him/her from disclosing such facts to the Court or to any police officer. 13. The bail petition stands allowed and disposed of. JUDGE Comparing Assistant