Page No.# 1/4 GAHC010049382025 2025:GAU-AS:2875 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/553/2025 BISWA CHETIA @ BISWAJEET CHETIA S/O- LALIT CHANDRA CHETIA, R/O- PRAGATI NAGAR, SATGAON, PO UDAYAN VIHAR, GUWAHATI- 781171 UNDER SATGAON POLICE STATION IN THE DISTRICT OF KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR P CHOUDHURY, MS P SAIKIA Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 18.03.2025 Heard Mr. P Choudhury, learned counsel for the petitioner and Mr. B. Sharma, learned Additional Public Prosecutor, Assam for the State. 2. Apprehending his arrest, the petitioner, namely, Sri Biswa Chetia @ Biswajeet Chetia, son of Lalit Chandra Chetia, resident of Pragati Nagar, Satgaon, Police Station- Satgaon, District-Kamrup (Metro) has filed this application under Section 482 BNSS, 2023, seeking his pre-arrest bail in Noonmati Police Station Case No. 37/2025 registered under Sections 270/296/117(2)/74/ 351(2)/3(5) BNS, 2023 corresponding to G.R. No. 693/2025. 3. As per the FIR dated 26.02.2025 lodged by the complainant before the Officer-in- Charge of Noonmati Police Station, the case is that the complainant is a Secretary of Ganesh Mandir, Noonmati and on the date of the incident on 26.02.2025 at around 12:30 A.M., while the complainant was returning home from his duty, he noticed that the petitioner was playing music at loud volume in the hall of the Ganesh Mandir. He being the Secretary, requested the accused petitioner to stop playing music as the time was past 12 A.M. at midnight and playing of music past 12:00 AM at midnight has been barred and restricted by the Government. But the accused petitioner did not pay any heed to his request and started arguing with the complainant using obscene language and also threatened to kill him. Since the complainant switched off the music system, the accused petitioner along with his other colleagues, physically assaulted him in different parts of his body, for which, he sustained injury on his face and his right eye. Later, he was rescued by his family members. In the said FIR, the complainant also stated that the petitioner, along with the other accused persons of the case also physically assaulted his sister and thereby, tried to disrobe her modesty and also threatened her of dire consequences. 4. Accordingly, said FIR of the complainant was registered as Noonmati Police Station Case No. 37/2025, under Sections 270/296/117(2)/74/351(2)/3(5) BNS, 2023 corresponding to G.R. No. 693/2025. Page No.# 3/4 5. Mr. Sharma, learned Additional Public Prosecutor, Assam has placed the case diary along with the medical report of the victims dated 26.02.2025, including that of the complainant. 6. On perusal of such medical report of the victims, including that of the complainant, it is seen that they sustained simple injuries on different parts of their bodies. 7. On perusal of the case diary, it is also revealed that as the complainant had switch off the music system, a fight took place between the complainant and the other accused persons; during which, the complainant was assaulted by the accused persons and the petitioner herein also participated in such fight. 8. Considering such materials in the case diary and the medical report of the victims, including that of the complainant, the Court is of the view that custodial detention of the petitioner is not warranted for investigation of said Noonmati P.S. Case No. 37/2025. Therefore, this pre-arrest bail application of the petitioner in said Noonmati P.S. Case No. 37/2025 is accepted. 9. Accordingly, it is provided that in the event of arrest of the petitioner, namely, Sri Biswa Chetia @ Biswajeet Chetia, son of Lalit Chandra Chetia in said Noonmati P.S. Case No. 37/2025, he shall be released on bail, on furnishing bail bond of Rs 50,000/- with 2 (two) local sureties, each of the like amount to the satisfaction of the arresting authority, subject to the conditions that he – (i) shall appear before the concerned Investigating Officer of Noonmati P.S. Case No. 37/2025 on or before 25.03.2025 and thereafter, as and when he is required for necessary investigation of said Noonmati P.S. Case; (ii) shall not leave the territorial jurisdiction of the Noonmati police station, without obtaining prior written permission from the concerned Investigating Officer of the 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 and (v) shall not involve himself in any criminal activities in the future. 10. Any violation of the aforesaid terms and conditions by him, the pre-arrest bail granted to petitioner, namely, Sri Biswa Chetia @ Biswajeet Chetia, son of Lalit Chandra Chetia in Page No.# 4/4 said Noonmati P.S. Case No. 37/2025 shall stand automatically vacated. 11. This pre-arrest bail application of the petitioner accordingly stands disposed of. 12. Return the case diary herewith. JUDGE Comparing Assistant