Page No.# 1/3 GAHC010015122025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/184/2025 SAMIRAN GOSWAMI S/O SRI DULAL GOSWAMI, RESIDENT OF HAMDOI POOL, PO AND PS- GOLAGHAT, DIST GOLAGHAT, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM Advocate for the Petitioner : MR. K BORUAH, MR. M ALAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 25.02.2025 Heard Mr. K. Boruah, learned counsel for the petitioner and Mr. R. R. Kaushik, learned Additional Public Prosecutor, Assam. By this application filed under Section 482 of the BNSS, the petitioner, namely, Sri Samiran Goswami, has prayed for pre-arrest bail, who apprehends arrests in connection with Golaghat Police Station Case No. 260/2024. On 15.12.2024 the petitioner lodged an FIR before Police alleging that on that day while he was going to paddy field situated at Morongi Na-Pamua Gaon, a person called Sanjib Gogoi along Page No.# 2/3 with 20 (twenty) other persons attacked him. It is alleged in the FIR that said Sanjib Gogoi even fired gun in the air. In the FIR, it has been stated that the informant Sri Samiran Goswami was badly beaten up on that day. On the basis of the said FIR, Police registered a case being Golaghat P.S. Case No. 254/2024. Thereafter, on 29.12.2024, Police registered another case being Golaghat P.S. Case No. 260/2024. The FIR relating to this case was filed by two women. The petitioner has been named in the said FIR. It is alleged in the said FIR that on 15.12.2024 the informant along with other persons were having a picnic by the side of Dhansiri River. After having food at 5.30 PM or 6.40 PM they were returning home from picnic. At that time, the present petitioner had stopped them with melafide intention. It is also alleged that the present petitioner was intending to had sexual activities with the girls. At that time aforementioned Sanjib Gogoi reached there and tried to interfere into the said incident. He even claimed to be a relative of a sitting MLA. The girls have alleged that the said MLA also told them over phone that they will be caused harm. Mr. Kaushik has submitted that there are sufficient materials against the present petitioner in the Case Dairy. Mr. Boruah has submitted that after the petitioner lodged the FIR on 15.12.2024, the FIR against him was actually filed after 13 (thirteen) days later and, therefore, Police registered a case on 29.12.2024. I have considered the submissions made by the learned counsel for both the sides. After going through the FIRs, this court is of the opinion that both sides have lodged FIRs because of the acts that was occurred in a picnic where they have consumed liquor. Moreover, the delay in lodging the present FIR is a factor to be considered at this stage. For the reasons aforesaid, at this stage, the petitioner does not deserve to be detained in custody. Therefore, the prayer for pre-arrest bail is allowed. Accordingly, it is hereby directed that in the event of arrest of the petitioner, namely, Sri Samiran Goswami, who apprehends arrests in connection with Golaghat Police Station Case No. 260/2024, shall be released on bail of Rs.20,000/- with one surety of like amount to the satisfaction of the arresting authority. The petitioner is directed to appear before the Investigating Officer within 10 (ten) days Page No.# 3/3 from today. Bail application is disposed of. Return the Case Diary. JUDGE Comparing Assistant