Page No.# 1/4 GAHC010149562026 2026:GAU-AS:10824 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1642/2026 SHRI ARANYA BORGOHAIN S/O SHRI DILIP BORGOHAIN R/O HUDUPARA MOUT GAON, P.O. HUDUPARA, P.S. NAZIRA, DISTRICT SIVASAGAR, ASSAM 785685 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. P D NAIR, S RANA,DR. S R A NASER,MR. H ROHMAN,MR G ALAM Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE KAUSHIK GOSWAMI O R D E R 05.08.2026. Heard Mr. H. Rohman, learned counsel appearing for the accused petitioner. Also heard Mr. B. Sarma, learned Addl. P.P., Assam, appearing for the State respondent. Page No.# 2/4 This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioner, i.e. Sri Aranya Borgohain who is apprehending arrest in connection with the Nazira P.S. Case No. 25/2026, registered under Sections 118(2)/109(1)/3(5) of the BNS, 2023. The case of the prosecution is that one Pranjal Gogoi lodged an F.I.R. on 22.05.2026 in the local jurisdictional Police Station alleging inter alia that on 21.05.2026, at about 12:25 a.m., a scuffle took place between his nephew and the petitioner’s brother and during that time, the accused petitioner assaulted his nephew with a sharp weapon and tried to kill him. He was immediately taken to the Ligiripukhuri Health Centre wherefrom he was referred to Sivasagar Civil Hospital. Subsequently, he was referred to the Assam Medical College, Dibrugarh for better treatment. Accordingly, a case was registered under the aforesaid provisions of law. Mr. Rohman, the learned counsel for the accused petitioner submits Learned counsel for the accused-petitioner submits that the petitioner has not committed any offence as alleged in the FIR and is being unnecessarily harassed in connection with the present case. It is contended that on the night of 21.05.2026, a bhaona was being performed in the village and the petitioner, along with his mother and brother, had gone there to witness the performance. It is further submitted that while returning from the bhaona on his scooty, the informant’s nephew, along with some other youths who were allegedly under the influence of alcohol and standing on the road, attempted to assault the petitioner’s brother, whereupon the petitioner merely raised an alarm in an attempt to pacify the situation. Page No.# 3/4 Per contra, Mr. Sarma, learned Addl. P.P., Assam, appearing for the State, submits that the materials collected during investigation, including the statements of eyewitnesses recorded under Section 180 of the BNSS, 2023, prima facie implicate the petitioner in the assault on the victim with a sharp- edged weapon. He further submits that the medical report issued by the Assam Medical College and Hospital, Dibrugarh, indicates that the victim sustained grievous injuries caused by a sharp weapon. It is also submitted that the petitioner has been evading arrest and has not been cooperating with the investigation, thereby impeding its progress. I have considered the submissions advanced by the learned counsel for the parties and have perused the materials available in the case diary. The materials collected during investigation, particularly the statements of the eyewitnesses, prima facie indicate the involvement of the petitioner in the alleged assault on the victim with a sharp-edged weapon. The medical evidence also appears to support the prosecution version regarding the nature of the injuries sustained by the victim. It further appears that the petitioner has not joined the investigation and that the weapon allegedly used in the commission of the offence is yet to be recovered. At this stage, when the investigation is at a crucial stage and custodial interrogation may be necessary for an effective and complete investigation, this Court is not persuaded to exercise the discretionary relief under Section 482 of the BNS, 2023. Having regard to the nature and gravity of the allegations, the materials available in the case diary, and the stage of investigation, this Court is not Page No.# 4/4 inclined to grant the privilege of anticipatory bail to the petitioner. Accordingly, the prayer for pre-arrest bail stands rejected. The Anticipatory Bail application stands disposed of. JUDGE Comparing Assistant