Page No.# 1/3 GAHC010012652025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/151/2025 SRI PRASEN DUTTA S/O SRI GAJENDRA DUTTA R/OVILL-NAGAKHELIA P.O.NAGAKHELIA P.S.AND DIST.DHEMAJI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. B K GOGOI, MR. M SAIKIA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 05.02.2025 1. Heard Mr. B.K Gogoi, learned counsel for the petitioner. Also heard Mr. K. K Das, learned Additional Public Prosecutor for the State. 2. This application under Section 482 of BNSS, 2023 has been filed by the petitioner, namely, ShriPrasenDutta, who is apprehending his arrest in Page No.# 2/3 connection with Dhemaji P.S. Case No. 01/2025 under Section 76 of BNS. 3. The gist of accusation in this case is that on 30.12.2024 victim women had lodged an FIR before the Officer-in-charge of DhemajiPolice Station, inter alia, alleging that in absence of the husband of the first informant the petitioner tried to disrobe her and also physically assaulted her causing grievous injury on her person. 4. The learned counsel for the petitioner also submits that the allegation levelled against the petitioner in the FIR are not true. He submits that the petitioner is a daily waged earner and had an outstanding due to be recovered from the victim woman and when he went to collect the same, there was an altercation and the victim woman and as a result of which some commotion was there however, he has denied the allegation leveled against him in the FIR. Learned counsel for the petitioner has also submitted that the petitioner is ready to co-operate in the investigation and hence custodial detention may not be necessary. 5. On the other hand learned Public Prosecutor has produced the case diary of Dhemaji Police Station case No.1/2024 and has submitted that in her statement recorded under Section 183 of BNSS, the victim women had implicated the petitioner.However he fairly submits in the injury report collected by the Investigating Officer no injury was found on the person of the victim woman. 6. Considering the submissions made by learned counsel for both the sides and have perused the material available on record as well as considering the facts and circumstances of this case, statement of victim woman recorded under Section 183 of BNSS, this court is of the considered opinion that though Page No.# 3/3 there are some incriminating material against the petitioner, however, if he cooperates in the investigation, his custodial detention would not be necessary for fair completion of the investigation of Dhemaji P.S. Case No. 01/2025. 7. In view of the above, the above named petitioner is directed to appear before the investigating officer of Dhemaji P.S. Case No. 01/2025 within a period of ten days from the date of this order and cooperate in the investigation. If he does so within the stipulated period of time, in the event of his arrest, in connection with the aforesaid case, he shall be allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) with one surety of like amount subject to the satisfaction of the arresting authority with following conditions:- (i)That the petitioner shall not directly or indirectly make any inducement, threat or promise to any persons who may be acquainted with the facts of the case so as to dissuadesuch person from disclosing such facts of the case before the Investigating Officer; (ii) That the petitioner shall co-operate in the investigation; 8. The bail application is accordingly disposed of. 9. Send back the case diary. JUDGE Comparing Assistant