Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010046772025
2025:GAU-AS:3406
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/519/2025 ASHOK CHOUDHURY AND ANR S/O- LAKHI CHOUDHURY, VILLAGE- DEOHATI, P.S- ABHAYAPURI, DIST- BONGAIGAON, ASSAM 2: PRASANTA DAS S/O- GYANANDRA DAS
VILL- NORTH SALMARA GHONKUSHA
P.S- ABHAYAPURI DIST-BONGAIGAON ASSA VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR BHASKAR DEORI, MR G BHARADWAJ,MR A KHANIKAR,MR B DEORI Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 25.03.2025
Page No.# 2/3
1. Heard learned counsel Mr. A. Khanikar for the petitioners namely, (i) Ashok Choudhury, and (ii) Prasanta Das, 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 Abhayapuri Police Station Case No. 36/2025 under Sections 329(4)115(2)/296/326(g)/324(4) of the BNS,
2023.
2. Heard Mr. D. P. Goswami, learned Additional Public Prosecutor, Assam for the respondent State.
3. The allegation against the petitioners is that petitioner No. 1 had a quarrel with a customer of the informant and thereafter, in the intervening night the petitioners have set ablaze the informant’s hotel.
4. It is submitted on behalf of the petitioners that there appears to be no justified reason as to why after having a quarrel with the customer, the petitioners would set ablaze the informant’s hotel. It is further submitted that there is no dispute between the informant and the petitioner which will prompt the petitioner to set ablaze the informant’s hotel. It is further submitted that the informant used to sell illegal liquor in the hotel and the petitioner and the neighbours tried to stop this illegal trade.
5. Learned Additional Public Prosecutor has submitted that there are incriminating materials in the Case Diary against the petitioners.
6. I have scrutinized the Case Diary. At this juncture, there appears to be no justified ground to extend the privilege of anticipatory bail to the petitioners.
7. Petition stands rejected at this stage.
8. Send back the Case Diary.
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JUDGE Comparing Assistant