Page No.# 1/3 GAHC010000982025 2025:GAU-AS:4879 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/92/2025 SRI MALIN PACHANI AND ANR S/O LATE RABIRAM PACHANI R/O VILL- NO. 1 GUNAMORA P.O. AND P.S. DHARAMTUL DIST. MORIGAON, ASSAM MOBILE NO. 7637945611 2: SRI BHORAT PACHANI S/O SRI MALIN PACHANI R/O VILL NO. 1 GUNAMORA P.O. AND P.S. DHARAMTUL DIST. MORIGAON ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR D K DAS, M KHATONIAR,MS. S DAS,MR. R K NATH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 23.04.2025 Page No.# 2/3 1. Heard learned counsel Mr. D. K. Das for the petitioners namely, (i) Malin Pachani, and (ii) Bhorat Pachani who have filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as they are apprehending arrest in connection with Dharamtul Police Station Case No. 33/2024 under Sections 115/118/109/3(5) of Bharatiya Nyaya Sanhita, 2023. 2. Heard Mr. K. K. Das, learned Additional Public Prosecutor, Assam. 3. The allegation against the petitioners is that they have caused grievous injuries on Joy Kumar Pachani. 4. Learned Additional Public Prosecutor has raised serious objection stating that there are incriminating materials in the Case Diary against the petitioners. 5. The victim has sustained grievous injuries, 10 cm in length caused by sharp weapon on arms as well as on ankle. The other grievous injuries are caused by blunt object. 6. I have scrutinized the Case Diary. Indeed there are incriminating materials in the Case Diary against the petitioners. Investigation has progressed substantially. 7. Learned counsel for the petitioners has submitted that there was a fight between both the parties and the petitioner No. 1 has also sustained injuries on his metacarpal bone. 8. It appears that further custodial interrogation may not be required. The petitioners have appeared before the Investigating Officer and they have cooperated with the investigation. 9. Thereby, interim order dated 18.02.2025 is hereby made absolute subject to Page No.# 3/3 the following conditions:- (i) The petitioners shall appear before the Investigating officer on every fortnight till completion of investigation, (ii) The petitioners shall refrain from such activities with which they are alleged, and (iii) The petitioners shall not leave the jurisdiction of the court without prior permission. 10. On breach of any of the bail conditions, bail order shall stand automatically cancelled. 11. In terms of the above observation, bail application stands disposed of. JUDGE Comparing Assistant