Page No.# 1/4 GAHC010048262026 2026:GAU-AS:5723 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/513/2026 HAREKRISHNA DAS S/O HARENDRA DAS, R/O SILCOORIE GRANT, TARUTAJABARI PT I, P.S. SILCHAR, PIN 788118, DIST. CACHAR, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR. S C BISWAS, MS. U NANDA,MR. MEHUL SHAH,MS. R DEVI,MS. K L R YANTHAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 27-04-2026 Heard Mr. S. C. Biswas, learned counsel for the petitioner and Mr. P. Borthakur, learned Addl. PP, Assam. 2. This is an application under Section 482 BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioner, namely, Harekrishna Das who is apprehending arrest in connection with Silchar P.S. Case No. 1116/2025 under Section 103(1) of BNS, 2023. 3. Case diary received. Perused the same. 4. It is submitted by Mr. Biswas, learned counsel that the petitioner is innocent and he has not committed any such offence as alleged in the FIR. However, it is a fact that the boy was catching fish in the fishery and when he saw the owners of the fishery, the boy fled away and subsequently, he was found dead, but this petitioner is no way involved in the offence and one co- accused of the case has already been granted bail by this Court and considering the case of the petitioner on the same footing, his bail prayer may also be considered. 5. However, the petitioner is still ready and willing to extend his cooperation in the further investigation of the case, if he is granted with the privilege of pre- arrest bail. 6. Mr. Borthakur, learned APP submitted that investigation is still under process, but so far as the investigation is concerned and the post mortem report, the death was caused due to ante-mortem drowning and one eye was Page No.# 3/4 found to be missing at the time of recovery of the dead body, but as per the post mortem report, both the eyes are found to be bulging out and there is no report of missing of any eye of the deceased. It is further submitted by the learned APP that there is no direct evidence against present petitioner, but the case is still under investigation. 7. Considering the submissions made by the learned counsel for the parties, materials available in the case diary, vis-à-vis the post mortem report and the opinion of death, this Court is of the opinion that custodial interrogation of the petitioner may not be required for the purpose of investigation and accordingly, I find it a fit case to extend the privilege of pre-arrest bail to the petitioner. 8. Accordingly, it is provided that in the event of arrest of the accused/petitioner namely, Harekrishna Das in connection with Silchar P.S. Case No. 1116/2025 under Section 103(1) of BNS, 2023, he shall be enlarged on pre-arrest bail on his executing a bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) only, with one surety of the like amount to the satisfaction of the arresting authority, subject to the following conditions: (i) that the petitioner shall appear before the Investigating Officer of the case within a period of 1(one) week from today to enable recording of his statement; (ii) that the petitioner shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. Case and (iii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person Page No.# 4/4 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. 9. This pre-arrest bail application accordingly stands disposed of. 10. Return the case diary. JUDGE Comparing Assistant