Page No.# 1/3 GAHC010013312025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/136/2025 KIRITI KEOT AND ANR S/O SRI BEDAN KEOT R/O PUTHIKHAITI, NH 15 DEKAR GAON, DIST. SONITPUR, ASSAM PIN- 784501 2: LAKHYAJYOTI NATH S/O SRI DIPAK NATH R/O KONAIBORA CHUBURI BESSERIA DA-GAON PUKHURIA A DIST.SONITPUR ASSAM PIN- 78415 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR W R MEDHI, MR P TALUKDAR,MR A V SINGH Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 28.01.2025 Heard Mr. W.R. Medhi, learned counsel for the applicants. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State respondent. 2. Apprehending arrest in connection with Tezpur P.S. Case No. 27/2025, under Sections 308(2)/3(5) of the BNS, this application under Section 482, BNSS is preferred by two applicants, namely, Kiriti Keot and Lakhyajyoti Nath, for grant of pre-arrest bail. 3. It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by one Khirod Bhumij on 08.01.2025. The essence of allegation against the present applicants is that on 07.01.2025, at about 4 p.m., they, along with Rajib Kalita and Nayan Jyoti Borah went to Kathalguri Tea Estate, where the local people were conducting a religious program and cock fight, and asked them to stop the programme and demanded a sum of Rs. 80,000/- from the informant and they also blackmailed and threatened the informant. 4. Mr. Medhi, learned counsel for the applicants submits that the applicants are innocent and no way involved with the offence alleged in the FIR, and that they were present at the place of occurrence and the two accused, namely, Rajib Kalita and Nayan Jyoti Borah have already been arrested here in this case, and that the applicants are ready to cooperate with the investigating agency and therefore, it is contended to allow the application. 5. On the other hand, Mr. Sarma, learned Additional Public Prosecutor has Page No.# 3/3 produced the case diary before this Court and submits that the I.O. has collected sufficient incriminating materials against the applicants in connection with the allegation made in the FIR, and that investigation is going on and if the applicants are granted the privilege of pre-arrest bail, then it will hamper the investigation, and therefore, Mr. Sarma has opposed the application. 6. Having heard the submissions of learned Advocates of both sides, I have carefully gone through the application and the documents placed on record and also perused the case diary with the assistance of Mr. Sarma, learned Additional Public Prosecutor. 7. The case diary indicates that the I.O. has collected sufficient incriminating materials against the applicants and though Mr. Medhi, learned counsel for the applicants submits that they were present there, yet it appears that they went to the place of occurrence along with the other two accused, namely, Rajib Kalita and Nayan Jyoti Borah. It also appears that investigation is still going on and extending the privilege of pre-arrest bail to the applicants will hamper the investigation, and therefore, this Court is of the view that this is not a fit case where the privilege of pre-arrest bail can be granted to the applicants and accordingly, this pre-arrest bail application stands dismissed. 8. Case diary be returned. JUDGE Comparing Assistant