Page No.# 1/4 GAHC010153732026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1696/2026 BHARGAB DEKA AND 3 ORS SON OF SRI DIPAK DEK, AGED ABOUT 23 YEARS, RESIDENT OF VILLAGE - BELBARI, P.O. P.S. - SARTHEBARI, DISTRICT - BARPETA, ASSAM, PIN 781307 2: PRANJIT DEKA SON OF SRI BHAGABAN DEKA AGED ABOUT 31 YEARS RESIDENT OF VILLAGE - BELBARI P.O. P.S. - SARTHEBARI DISTRICT - BARPETA ASSAM PIN781307 3: ANJAN DEKA SON OF SRI BHAGABAN DEKA AGED ABOUT 33 YEARS RESIDENT OF VILLAGE - BELBARI P.O. P.S. - SARTHEBARI DISTRICT- BARPETA ASSAM PIN781307 4: BHAGABAN DEKA SON OF LATE PABIN DEKA AGED ABOUT 52 YEARS RESIDENT OF VILLAGE - BELBARI P.O. P.S. - SARTHEBARI DISTRICT - BARPETA ASSAM PIN78130 VERSUS Page No.# 2/4 THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR S N KRISHNATRAYA, MR. DEBAJIT BARMAN Advocate for the Respondent : PP, ASSAM, -BEFORE- HON’BLE MR. JUSTICE ANJAN MONI KALITA ORDER 20.08.2026 Heard Mr. S. N. Krishnatraya, learned counsel appearing for the accused applicant and Ms. S. H. Borah, learned Addl. PP for the State of Assam. 2. This is an application under Section 482 of the BNSS, 2023 praying for granting of pre-arrest bail to the accused applicant in connection with Sarthebari P.S. Case No. 55/2026 corresponding to G. R. Case No. 729/2026 registered under Sections 61 (2) /127(2) /117(2) /118(2) of the BNS, 2023. 3. An FIR was lodged on 23.06.2026 by the informant, namely, Smti. Dulumoni Deka before the Officer-in-Charge, Sarthebari Police Station alleging inter alia that the accused persons named in the FIR called the husband of the informant to their home for celebrating a birthday party on 19.06.206. It is alleged that when the husband of the informant did not return home, the informant along with her mother-in-law went to the house of the accused applicants and saw that the accused applicants were beating her husband being tied on an electric post. Page No.# 3/4 3. On receipt of the FIR, the Police registered the Sarthebari Police Station Case No. 55/2026 registered under the aforementioned sections. 4. The learned counsel appearing for the accused applicants submits that on 19.06.2026, there was a birthday party of the minor girl of the accused applicant No. 3. When the birthday party was over, the accused applicants noticed that the husband of the informant, namely, Arup Deka entered their residence by breaking a glass panel with the intention of committing theft. After seeing that, the accused applicants had apprehended him and handed over to the Police. He submits that the accused applicants had not committed any offence as alleged in the FIR and a false story has been enunciated in the aforesaid FIR. He further submits that the village body of the concerned village had also issued a certificate stating the facts that the husband of the informant had in fact, gone to the place of the accused applicants for stealing. In view of the aforesaid, he submits that the accused applicant should be granted pre-arrest bail. 5. Ms. S. H. Borah, the learned Addl. PP has produced the Case Diary and the same has been perused. 6. Taking into account the nature of accusation as well as the materials available in the Case Diary, this Court is of the considered view that the accused applicants should be granted pre-arrest bail. Accordingly, it is directed that in event of the arrest of the accused applicants, namely, (i) Bhargab Deka, (ii) Pranjit Deka and (iii) Anjan Deka, they shall be released on pre-arrest bail on furnishing a bail bond of Rs.20,000/- each with a surety of like nature to the Page No.# 4/4 satisfaction of the arresting authority subject to the following conditions: (i) that the accused applicants shall appear before the Investigating Officer within a period of 10 days from today; (ii) that the accused applicants shall cooperate with the investigation and shall make themselves available as and when called for by the Investigating Officer; (iii) that the accused applicants shall not try to hamper or tamper with the investigation in any manner, whatsoever. 7. As regards the accused applicant No. 4, namely, Bhagaban Deka who has already been granted interim pre-arrest bail by a coordinate bench of this Court, vide its order dated 28.07.2026, is hereby made absolute in the same terms and conditions. In view of the above, the instant anticipatory bail application stands disposed of, as allowed. JUDGE Comparing Assistant