Page No.# 1/3 GAHC010037352025 2025:GAU-AS:2661 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/514/2025 BISWAJIT DOLEY AND ANR. C/O- RAJAPRAMUKH SINGH DOLEY R/O- NORTH LAKHIMPUR TOWN, WARD NO. 5, PO LAKHIMPUR, PS NORTH LAKHIMPUR, DIST- LAKHIMPUR, ASSAM 2: ASHIK RAHMAN C/O RUNIMI BEGUM R/O BARKUMAR PARA TARAGAON KUMARPARA P.O. PATHORIGHAT P.S.SIPAJHAR DIST. DARRANG ASSA VERSUS THE STATE OF ASSSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A HUDA, MR SUMANTH KAKATI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 13-03-2025 Heard Mr. B. Ali Sheikh, learned counsel for the petitioner Nos. 1 Biwajit Page No.# 2/3 Doley and 2. Ashik Rahman, 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 Dispur Police Station Case No. 911/2024 under Sections 126(2)/304(2)/324(4)131/3(5) of Bharatiya Nyaya Sanhita, 2023. 2. Heard learned Additional Public Prosecutor, Assam Ms. S.H. Bora for the respondent State, who has raised serious objection stating that the petitioners are not entitled to anticipatory bail as there are incriminating materials in the Case Diary against the petitioners. 3. The allegation against the petitioners is that they along with other miscreants armed with sharp weapons as well as with hockey sticks attacked the informant and grabbing him by his neck, snatched away one gold chain. 4. It is submitted by the petitioners that they have been falsely implicated in this case. 5. I have scrutinized the Case Diary. Indeed there are incriminating materials in the Case Diary against the petitioners. I have considered the submissions that the petitioners are willing to cooperate with the remaining part of investigation. The petitioners are local residents and they are not flight risks. The petitioners are willing to abide by any stringent bail conditions if imposed upon them. 6. Considering all aspects, petition is allowed. 7. In the event of their arrests, the petitioners are enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) each with a suitable surety of like amount to the satisfaction of the arresting authority under Page No.# 3/3 the conditions that : (i) the petitioners shall appear before the Investigating Officer within 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, the bail order shall automatically stand cancelled. 9. In terms of the above observations, this Anticipatory Bail application stands disposed of. 10. Send back the Case Diary. JUDGE Comparing Assistant