Page No.# 1/4 GAHC040006622026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/45/2026 Dhananjay Swargiary Son of Late Khagen Swargiary, resident of Bamunigaon, Amingaon, Kamrup District, Assam 781031 VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Khyoda Yayo, R Taku Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 22.05.2026 Heard Mr. B. Saha, learned counsel for the applicant and Ms. T. Jini, learned Additional Public Prosecutor for the State. 2. This is an application under Section 482 of BNSS, 2023 praying for granting of pre-arrest bail to the accused applicant in connection with Tezu P.S. Page No.# 2/4 Case No.17/2026 under Sections 329(3)/308(4)/351(3)/ 61(2)(a)/3(5) of BNS, 2023 read with Sections 25(1)(1A)/27(1) of the Arms Act, 1959. 3. The case emanates from an FIR lodged by the informant before the Officer-in-Charge, Tezu Police Station, Lohit District on 27.04.2026 alleging, amongst others, that individuals identifying themselves as member of “All Arunachal Pradesh Reformed Delinquent Association (AAPRDA)” have demanded financial contributions for construction of their office building. On 23.04.2026, the General Secretary of the said association, along with his associates, issued explicit threat, stating that failure to comply with their demands by 24.04.2026, would result in dire consequences. Subsequently, on 24.04.2026, the said General Secretary accompanied by 5(five) armed individuals forcefully entered the project site at the Tiding area, Lohit, carrying fire arms, including pistols and rifles and threatened the staffs and workers with physical harm and declared that the project work would be forcibly stopped if their demands are not fulfilled. Pursuant thereto, the police registered a case being Tezu P.S. Case No.17/2026 under Sections 329(3)/308(4)/351(3)/ 61(2) (a)/3(5) of BNS, 2023 read with Sections 25(1)(1A)/27(1) of the Arms Act, 1959. 4. During the investigation, the police arrested some of the accused persons involved in the alleged offences as mentioned in the FIR and the vehicle was also seized which was used by the accused persons during the alleged commission of offences on 24.04.2026. 5. Mr. B. Saha, learned counsel for the accused applicant submits that the accused applicant is no way connected with the alleged offences. In fact, the vehicle of the accused applicant was given on rent to one of the accused Page No.# 3/4 persons namely, Tassar Kossum, in good faith and in terms of the agreement of rent, the said Tassar Kossum has been paying him rent for the vehicle of the applicant. 6. Mr. Saha, learned counsel submits that the accused applicant is completely unaware of the utilising of his vehicle for some illegal activities, if any. The accused applicant had absolutely no knowledge, information or reasonable cause to suspect that his vehicle would be misuse on being rented to facilitate to any unlawful activities. Learned counsel further submits that the accused applicant is cooperating with the investigation of the case and has already appeared before the Investigating Officer and recorded his statement. He, therefore, submits that the present application may be admitted to bail, as the accused applicant is in no way involved in the alleged offences, except for having rented his vehicle to one Tassar Kossum, who appears to be an accused in the alleged offences. 7. Ms. T. Jini, learned Additional Public Prosecutor for the State, by placing the Case Diary, fairly submits that there is no prima facie materials indicating the involvement of the accused applicant in the commission of the alleged offences, as the role of the accused applicant appears to be limited to providing his vehicle to one of the accused(s) on a rental basis. Therefore, as of now, there is no incriminating material against the accused applicant. 8. Considered the submissions of the learned counsel for the parties and also perused the Case Diary. 9. The records reflects that no incriminating material is surfaced against the accused applicant and the role of accused applicant appears to be limited to give his vehicle to one Tassar Kossum, who is one of the accused(s) in the Page No.# 4/4 alleged offences, on a rental basis. The accused applicant appears to be cooperating with the investigating authority. 10. Having considered that the present accused applicant appears to be prima facie not involved or connected with the commission of the alleged offences in the case, I am of the considered view that the accused applicant is entitled to be admitted on bail. 11. Accordingly, interim bail granted to the accused applicant on 12.05.2026 is hereby made absolute on the same terms and conditions. 12. Bail application stands allowed and disposed of. 13. Case Diary be returned. JUDGE Comparing Assistant