Page No.# 1/4 GAHC010012042025 2025:GAU-AS:6839 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/121/2025 TULAN DUTTA AND 3 ORS. S/O LATE SUNA RAM DUTTA, R/O VILL- PADUMONI KHAT, P.O. BAHADUR CHUK, P.S. NORTH LAKHIMPUR DIST. LAKHIMPUR, ASSAM PIN-787001 2: NABANITA NATH DUTTA W/O PRANAB JYOTI DUTTA @ PRANAB DUTTA R/O VILL- PADUMONI KHAT P.O. BAHADUR CHUK P.S. NORTH LAKHIMPUR DIST. LAKHIMPUR ASSAM PIN-787001 3: ANKU DUTTA S/O GUNAKANTA DUTTA R/O VILL- PADUMONI KHAT P.O. BAHDUR CHUK P.S. NORTH LAKHIPUR DIST. LAKHIMPUR ASSAM PIN-787001 4: BIJU DUTTA @ BIJUMONI DUTTA D/O GUNAKANTA DUTTA R/O VILL- PADUMONI KHAT P.O. BAHADUR CHUK Page No.# 2/4 P.S. NORTH LAKHIMPUR DIST. LAKHIMPUR ASSAM PIN-78700 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR G SARMA, MS. D. DEVI,MR. K R PATGIRI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 28.05.2025 1. Heard learned counsel Mr. K. R. Patgiri for the petitioners namely, (i) Tulan Dutta, (ii) Nabanita Nath Dutta, (iii) Anku Dutta and (iv) Biju Dutta 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 North Lakhimpur Police Station Case No. 23/2025 under Sections 126(2)/118(2)/109/3(5) of Bharatiya Nyaya Sanhita, 2023. 2. It is submitted that the petitioner No. 1 is on interim bail and has co- operated with the investigation and has appeared before the Investigating Officer. 3. Heard learned Additional Public Prosecutor, Mr. P. S. Lahkar for the respondent State who has raised serious objection stating that there are Page No.# 3/4 incriminating materials in the Case Diary against the petitioner. The medical report reveals that the petitioner has sustained several fractures and the injuries are of grave nature, and the petitioners are not entitled to bail. 4. I have scrutinized the Case Diary. 5. I have considered the submissions at the Bar. 6. Considering all aspects and the gravity of the nature, petitioner No. 1’s prayer for pre-arrest bail stands rejected and the interim order stands vacated. 7. Meanwhile, petitioner No. 2, Nabanita Nath Dutta; Petitioner No. 3, Anku Dutta; and Petitioner No. 4, Biju Dutta shall be enlarged on bail on furnishing a bail bond of Rs. 30,000/- each with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that: (i) The petitioners shall appear before the Investigating officer within 1 (one) week and cooperate with the investigation, (ii) The petitioners shall refrain from such activities with which they are alleged, (iii) The petitioners shall appear before the Investigating officer on every fortnight till completion of investigation, and (iv) The petitioners shall not leave the jurisdiction of the court without prior permission. 8. On breach of any of the bail conditions, bail shall stand automatically cancelled. Page No.# 4/4 9. Send back the Case Diary. JUDGE Comparing Assistant