Page No.# 1/4 GAHC040010872026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/84/2026 Biki Dutta Age: 44 Occupation : Address:Son of Late Kamaleswar Dutta resident of House No.81 Garakhiya Bari Nirmali Gaon Dibrugarh PS Dibrugarh District Dibrugarh Assam VERSUS The State of AP Age: 0 Occupation : Address:represented by the PP of AP ------------ Advocate for : Minter Karbak Advocate for : P P of AP appearing for The State of AP: Advocate appearing for respectively. BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 17.08.2026 Heard Mr. Pritam Taffo, learned senior counsel, assisted by Ms. Minter Karbak, learned counsel, appearing on behalf of the accused applicant. Also heard Ms. L. Hage, learned Addl. Public Prosecutor, Arunachal Pradesh. Page No.# 2/4 2. By order dated 22.07.2026, while calling for the scanned copies of the Case Diary; the accused applicant was granted interim pre-arrest bail by this Court and directed that in the event of his arrest in connection with Banderdewa P.S. Case No. 32/2026 registered u/ss. 112/316(5)/ 318(4)/319(2)/336(3)/341(1)(2) of the Bharatiya Nyaya Sanhita, 2023; he shall be released on interim pre-arrest bail on execution of a bail bond of Rs. 50,000/- subject to certain conditions including the condition that he shall cooperate and appear before the investigating officer as and when called for in connection with the aforesaid case. 3. Mr. Taffo, learned senior counsel for the accused applicant, submits that pursuant to the aforesaid order, the applicant appeared before the investigating officer on 28.07.2026. Upon his appearance, the investigating officer arrested the accused applicant in connection with the aforesaid Police Station case, recorded his statement and after completion of all formalities; he was released on interim pre-arrest bail in terms of this Court’s order dated 22.07.2026. The learned senior counsel further submits that the applicant has already been released on bail; and he has been cooperating with the investigation of the case, and there is no allegation of violation of any of the bail conditions imposed by this Court. He, therefore, submits that the interim pre-arrest bail granted to the accused applicant, may be made absolute. 4. The learned Addl. Public Prosecutor, Arunachal Pradesh, while referring to the Case Diary, submits that upon appearing before the police, the accused applicant was arrested, his statement was recorded and subsequently after completion of necessary formalities, he was released on bail in terms of the interim pre-arrest bail granted by this Court. She further submits that as reported by the investigating officer, the applicant is cooperating with the investigation of the case. The learned Addl. Public Prosecutor, Arunachal Pradesh, further fairly submits that the investigating officer of the case has not made any prayer for Page No.# 3/4 custodial interrogation of the accused/applicant and she therefore has no objection if the interim pre-arrest bail granted to the accused applicant, is made absolute subject to such additional conditions as may be necessary to ensure his continued cooperation with the investigation of the case. 5. I have heard the submissions advanced by the learned counsels for the parties and also perused the record. 6. It is evident from the record that in pursuant to the order dated 22.07.2026, the accused/applicant appeared before the investigating officer who then was arrested and subsequently released on interim pre-arrest bail in terms of this Court’s order. The Case Diary further indicates that the applicant is cooperating with the investigation. 7. The Case Diary reveals that although the investigating officer has arrested the applicant and recorded his statement, however, he has neither sought for custodial interrogation of the accused/applicant, nor, made any request for custodial remand. The investigating officer only stated that the accused is cooperating with the investigation of the case. 8. In the facts and circumstances of the case, and having regard to the fact that the applicant has already appeared before the investigating officer and has cooperated with the investigation, this Court is of the view that no further custodial interrogation of the accused/applicant is presently warranted. The accused/applicant, is, therefore, entitled to be extended with the privilege of continued protection of pre-arrest bail. 9. Accordingly, the interim pre-arrest bail granted to the accused applicant on Page No.# 4/4 22.07.2026, is hereby made absolute on the same bail bond and surety, subject, however, to the following terms and conditions: (i). that he shall continue to cooperate with the investigating officer of the case for further investigation of the case and shall appear before him as and when called for; (ii). that he 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 him/her from disclosing such facts to the Court or to any police officer, nor, shall he tamper with the evidence; (iii). that he shall not indulge in any activity which would either, hamper, or, hinder the investigation of the case; (iv). that he shall not leave the State of Arunachal Pradesh without prior intimation of the investigating officer of the case; and (v). that he shall furnish his current mobile phone number and also inform the investigating officer if there is a change in his residential address. 10. This order shall be read along with the earlier bail order, dated 22.07.2026. 11. With the above directions, this anticipatory bail application stands disposed of. 12. Return the Case Diary to the learned Addl. Public Prosecutor, Arunachal Pradesh, forthwith. JUDGE Comparing Assistant