Page No.# 1/3 GAHC010044052026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/458/2026 SRI SUBRATA DEBNATH S/O - SRI NIRMAL DEBNATH R/O VILLAGE - 1 NO. SAMBARIA, LANKA, P.O. P.S. - LANKA, DISTRICT - HOJAI ASSAM, PIN -782446 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. D P BORAH, MR B PAUL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 09.03.2026 1. Heard Mr. D. P. Borah, learned counsel for the petitioner. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor for the State. 2. This petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner, namely, Subrata Debnath, has prayed for granting pre-arrest bail, apprehending arrest in connection with Lanka P.S. Case No. 15/2026, registered under Section 126(2)/74/115(2) Page No.# 2/3 of BNS, 2023. 3. The FIR dated 28/01/2026 reveals that the petitioner had called the informant outside her house for some talks and that when the informant reached the road, the petitioner hugged her and touched her private parts and that when the victim raised hue cry, the petitioner kicked her to the ground, pulled her hair, and assaulted her. It was also alleged that when her husband came from somewhere, the petitioner assaulted her husband also. 4. Mr. Bora, learned counsel for the petitioner, submits that a FIR was lodged on 28/01/2026 but, however, the same was registered on 01/02/2026 and the date of receipt of information is also 01/02/2026. He also submits that it was not the informant's husband who was assaulted, it was the petitioner who was actually assaulted and the medical certificate he has annexed at page 18 of the petition shows the same. He further submits that the actual story was narrated at paragraph 6 of the petition wherein it was stated that the petitioner had borrowed the motorcycle of the husband of the informant for attending a marriage which was damaged to certain extent but the same was repaired and that after 2 months, the petitioner called the informant outside to the road and the said allegations were made without any reason or rhyme. He as such submits that the petitioner be released on pre- arrest bail. 5. Mr. M.P. Goswami, learned counsel for the state, however, submits that victim is a lady and she alleged various atrocities being caused to her by the petitioner as well as to her husband, which is being investigated by the police and he objects the prayer of the petitioner and prays for calling of the case diary in order to see the real factum of the case. Page No.# 3/3 6. On consideration of the submissions made by the parties, more so due to the fact that the FIR was received and registered after 4 days of the occurrence without any reason being shown, this Court finds it fit that the petitioner be released on pre-arrest bail on furnishing of a bail bond of Rs.20,000/- with one local surety of the like amount to the satisfaction of arresting authority under the following conditions that the petitioner: (a) will appear before the Investigating Officer within a period of 10 days from today; (b) will appear before the IO as and when called for. (c) will not hamper or tamper with the evidence of the case. 7. Accordingly, this anticipatory bail application stands disposed of. JUDGE Comparing Assistant