Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010060962025
2025:GAU-AS:4798
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/690/2025 GAUTOM BOR GOHAIN S/O HARENDRA BOR GOHAIN R/O VILL- TELIJAN, P.O. HATIGARH,P.S. DHEMAJI,DIST.DHEMAJI, ASSAM PIN- 787057 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. U DUTTA, B DUTTA,MR. B. KUMAR Advocate for the Respondent : PP, ASSAM,
Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 22.04.2025
Heard Mr. U. Dutta, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent. This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for the granting of pre-arrest bail to the petitioner in connection with Dhemaji P.S. Case No. 32/2025, under Section 20(b)(ii)(B) of the NDPS Act, which was subsequently renumbered as G.R. Case No. 103/2025 (DMJ). The Case Diary has been received, and I have perused the same. It is submitted by the learned counsel for the petitioner, Mr. Dutta, that the present petitioner is innocent and he is no way involved in the alleged offence. From the seizure list, it is also seen that all the alleged contraband has been recovered from the possession of the co-accused, one Monuj Dihingia, and nothing has been seized from the possession of the present petitioner. However, he has the apprehension of being arrested in connection with this case as the police are searching for him. Further, it is submitted that the accused/petitioner is a permanent resident of his local area, and there is no chance of him absconding. Thus, he prays for the granting of pre-arrest bail and also submits that he is ready to cooperate with the investigating agency if the same is allowed. In this context, Mr. Borthakur, learned Additional Public Prosecutor, submits that there is sufficient incriminating material collected by the I.O against the accused/petitioner who is stated to be one of the partner of the other two co-accused person who has already been arrested in connection with this case. As per the materials collected by the I.O, the present petitioner, along with one Tipul Dutta @
Page No.# 3/3 Tupul, used to store the said contraband in the house of one Monuj Dihingia. Thus, his custodial interrogation will be necessary for the interest of the investigation.
He further raised objections to granting the privilege of pre-arrest bail to the accused/petitioner at this stage. After hearing the submission made by the learned Advocates of both sides as well as perusing the Case Diary, I find that custodial interrogation of the accused/petitioner may be necessary to unearth some more facts of the case and accordingly, I am of the view that this is not a fit case, where, the privilege of pre- arrest bail can be granted to the accused/petitioner at this stage and accordingly, the same stands rejected. In view of above, this Anticipatory Bail application stands disposed of. Case Diary be returned. JUDGE Comparing Assistant