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2026 DAILYLAW 15258 (GAU)

OLEENDA CHOUDHURY v. THE STATE OF ASSAM

AB/2410/2026 · 2026-09-28

Shamima Jahan

body2026

Judgment text

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Page No.# 1/3 GAHC010215532026 2026:GAU-AS:14488 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2410/2026 OLEENDA CHOUDHURY S/O BIMAL PRASAD CHOUDHURY, R/O ARYA NAGAR, P.O. GOPINATH NAGAR, P.S. PALTAN BAZAR, DIST. KAMRUP (M), ASSAM 781016 VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM. Advocate for the Petitioner : MR S BORTHAKUR, SR. ADV., DEVABRATA SAIKIA,MR. D GOGOI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 29-09-2026 Heard Mr. S. Borthakur, learned senior counsel assisted by Mr. D. Saikia, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor appearing for the State respondent. 2. By this application, the petitioner has prayed for pre-arrest bail in connection with Bokakhat P.S. Case No. 169/2026 registered under Sections 127(2)/117(2)/74/296/351(3)/3(5) of the BNS, 2023 Page No.# 2/3 3. The FIR in connection with which the petitioner is apprehending arrest was lodged by the victim stating inter alia that when she went to the rented house of the petitioner with whom she claims to be in love relationship for the last 8 (eight) months, the petitioner misbehaved with her and another girl who was there had punched her in her face, as a result of which she sustained injuries. She also stated that the petitioner along with the other girl had snatched away her mobile phone. 4. The learned senior counsel for the petitioner submits that pursuant to the said FIR, a notice under Section 35(3) was issued to the petitioner and the petitioner appeared and his statement was also recorded, but he submits that the conditions appended to the notice raised reasonable apprehension that the petitioner can be arrested at any point of time. 5. Mr. R.J. Baruah, learned Additional Public Prosecutor, on the other hand, submits that the allegations against the petitioner is writ large in the FIR and that there is no apprehension on the part of the petitioner that he will be arrested after his statement was recorded by the Investigating Officer. 6. On consideration of the submissions made by the learned counsels, more so, in view of the fact that the conditions narrated in the notice issued under Section 35(3) raises suspicion on the mind of the petitioner that he would be arrested, this Court enlarges the petitioner on pre-arrest bail on furnishing a bail bond of Rs.20,000/- with one local surety of the like amount to the satisfaction of the arresting authority under the following conditions:- i) The petitioner will appear within 15 (fifteen) days from the order before the Investigating Officer and thereafter as and when Page No.# 3/3 called for. ii) The petitioner will not hamper, tamper with the evidence, neither influence the witnesses connected with the case, and iii) The petitioner will not leave the place of jurisdiction without the permission of the arresting authority. 7. Petition stands disposed of. JUDGE Comparing Assistant