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2026 DAILYLAW 12499 (GAU)

DIBAKAR DAS v. THE STATE OF ASSAM

AB/1900/2026 · 2026-08-13

Anjan Moni Kalita

body2026

Judgment text

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Page No.# 1/3 GAHC010172752026 2026:GAU-AS:11567 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1900/2026 DIBAKAR DAS SON OF SHYAMAL DAS, RESIDENT OF GUIJAN, 8-NO. VILLAGE, POST OFFICE RANGAGORAH, POLICE STATION TINSUKIA, DISTRICT TINSUKIA, ASSAM, PIN 786147 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. S BANIK, SR. ADV., T SARKAR,D KALITA,MS FIZA BEGUM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 14.08.2026 Heard Mr. S. Banik, learned Senior Counsel appearing for the accused-applicant. Also heard Mr. M.P. Goswami, learned Addl. P.P. for the State as well as Ms. D. Bora, learned counsel appearing for the informant. Page No.# 2/3 2. This is an application filed under Section 482 of BNSS, 2023, praying for grant of pre-arrest bail to the accused-applicant in connection with Guijan P.P. GDE No. 95, dated 06.08.2026. 3. The learned Senior Counsel appearing for the accused-applicant submits that the accused-applicant is in the business of fishing, cultivation and trade in respect of species of fishes, namely, amongst others, Channa aurantimaculata. He submits that the accused-applicant has been operating his business as per the provisions of law allowing him to do such fishing. He submits that some of his fishes were seized by the police on the early morning of 04.06.2026. He submits that after a representation to the Superintendent of Police, the fishes were released to him. He submits that unfortunately, the accused-applicant has given some interview before Social Media about certain alleged harassment by the police officials in the business of fishes, namely, Channa Stewartii, Channa Bleheri and Channa aurantimaculata. In view of the aforesaid interview, the learned Senior Counsel submits that which may not have gone well with the authorities, a notice 35 (3) of the BNSS has been issued to the accused- applicant for his appearance before the Guijan Outpost on 12.08.2026, which is already over. He submits that since the notice has been served and taking into account the fact that has been narrated, he has serious apprehension of his arrest in the instant case and therefore, has filed the instant anticipatory bail application. He submits that the accused-applicant is willing to cooperate with the investigation. 4. The learned Addl. P.P., on the other hand, opposes the prayer for bail of the accused-applicant. 5. This Court after considering the entire facts of the case and on consideration of the submissions made by the learned Senior Counsel is of the considered opinion that Page No.# 3/3 the accused-applicant should be granted pre-arrest bail at this stage. Accordingly, it is directed that in the event of arrest of the accused-applicant, he shall be released on bail on furnishing of a bail bond of Rs. 30,000/- (Thirty Thousand) with one local surety of like amount to the satisfaction of the arresting authority, subject to the condition that the accused-applicant shall appear before the Investigating Officer within a period of ten (10) days and cooperate with the investigation 6. With the above directions, this anticipatory bail application stands disposed of. JUDGE Comparing Assistant