Page No.# 1/4 GAHC010026542025 2025:GAU-AS:2568 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/284/2025 ABINASH DEURI AND ANR S/O AMRIT RANJAN DEURI, RESIDENT OF FLAT NO. 5B, SURYA RESIDENCY, ODALBAKRA, MAIN ROAD, PO ODALBAKRA, PS BASISTHA, DIST KAMRUP M ASSAM 781034 2: SRI AKHYAY DEURI S/O AMRIT RANJAN DEURI RESIDENT OF FLAT NO. 5B SURYA RESIDENCY ODALBAKRA MAIN ROAD PO ODALBAKRA PS BASISTHA DIST KAMRUP M ASSAM 78103 VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM Advocate for the Petitioner : MR. U S BORA, MR M.J. BHARALI,MR H MAZUMDER,MR. N BORAH Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 11.03.2025 Heard Mr. N Borah, learned counsel for the petitioners and Mr. K K Parashar, learned Additional Public Prosecutor, Assam for the State. 2. Apprehending their arrest, the petitioners, namely, (i) Sri Abinash Deuri and (ii) Sri Akhyay Deuri, both sons of Amrit Ranjan Deuri, residents of Flat 5B, Surya Residency, Odalbakra, P.S.-Basistha, District-Kamrup (M) have filed this application under Section 482 of the BNSS, 2023, praying for their pre-arrest bail in Basistha Police Station Case No. 72/2025 registered under Sections 140(3) of BNS, corresponding to G.R. No. 559/2025. 3. As per the FIR dated 01.02.2025 lodged before the Basistha Police Station by the complainant, the case is that on 31.01.2025 a labourer of a Boring Vehicle bearing Registration No. AS-32-C-1629 was forcefully picked up by unknown miscreants from Saurav Nagar and was recovered on being dropped at Bongaon near another vehicle, named, Guwahati Boring. 4. Accordingly, Basistha Police Station Case No. 72/2025 under Section 140(3) of BNS was registered. 5. The Court by order dated 12.02.2025 while calling for the up-to-date case diary, granted interim pre-arrest bail to the petitioners. 6. Mr. K K Parashar, learned Additional Public Prosecutor, Assam from the case diary submitted that the petitioners appeared before the concerned Investigating Officer of said Basistha P.S. Case No. 72/2025 after obtaining interim pre-arrest bail on 12.02.2025 and their statements have been recorded. 7. From the case diary, Mr. K K Parashar, learned APP, Assam also submitted that there was a dipute between the complainant and the petitioners relating to some contractual matters. 8. Considering the above, this Court is of the opinion that custodial detention of the Page No.# 3/4 petitioners is not warranted to investigate said Basistha P.S. Case No. 72/2025, as the petitioners are co-operating with the investigation of the said case. 9. Accordingly, interim pre-arrest bail granted to the petitioners, (i) Sri Abinash Deuri and (ii) Sri Akhyay Deuri, in said Basistha P.S. Case No. 72/2025 by order dated 12.02.2025 passed earlier in the present proceeding is hereby made absolute, subject to the compliance of the terms and conditions as specified in the said order dated 12.02.2025 and on compliance of the conditions that the petitioners shall – (i) shall appear before the Investigating Officer of said Basistha P.S. Case No. 72/2025, as and when they are required for necessary investigation of the said case; (ii) shall not leave the jurisdiction of the Basistha Police Station, without obtaining prior written permission from the concerned Investigating Officer of said Basistha P.S. Case; (iii) shall not hamper with the investigation, or tamper with the evidence of the case; (iv) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; (v) shall not indulge themselves in any offence or any criminal activities in future. 10. Violation of the aforementioned terms and condition as well as violation of any of the terms and conditions as specified in the order dated 12.02.2025, noted above, the pre-arrest bail granted to the petitioners, named above, in said Basistha P.S. Case No. 72/2025 shall stand automatically vacated. 11. This pre-arrest bail application accordingly stands disposed of. 12. Return the case diary. JUDGE Page No.# 4/4 Comparing Assistant