Page No.# 1/3 GAHC010109612026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1205/2026 BITU GOGOI S/O- LT. LAKHAN GOGOI, R/O- JAYANAGAR COLLEGE ROAD DULIAJAN NO.2, DULIAJAN DIBRUGARH, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR T H HAZARIKA, MR. K ISLAM,MR A RASHID,MR M CHETIA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 08.06.2026 Heard Mr. K. Islam, the learned counsel for the petitioner and Mr. K. Baishya, the learned Public Prosecutor for the State of Assam. 2. By this application, the petitioner has prayed for pre-arrest bail in Page No.# 2/3 connection with Duliajan Police Station Case 53/2026, registered under Sections 316(2)/318(4) of the BNS, 2023. The FIR dated 27.04.2026, reveals that the petitioner has a good relationship with the family of the informant and that he used to drop their children to the school. It was stated in the said FIR that when the informant was getting ready to go to a marriage with his wife and upon seeing that his wife has not put on any jewellery and he asked her the reason and at that juncture, his wife said that the petitioner by threatening her have been extorting money as well as jewellery on various occasions. It is also stated that the petitioner had entered the house of the informant when the wife of the informant had a shower and had sexually harassed her and clicked some photographs and by threatening that he would upload in Social Media had taken money as well as jewellery from the wife of the petitioner. 3. The police on receipt of the FIR had registered the case under 316(2) as well as 318(4) of the BNS, 2023. 4. The learned counsel for the petitioner submits that, the contents of the FIR shows that it is a case of the extortion and threatening but the said case was registered for offence such as criminal breach of trust and cheating. 5. Mr. K. Baishya, the learned PP submits that ingredients are there in the FIR for registration of the same, if not under the sections, which were registered but other Sections of Law. He has also submitted that the Case Diary be called for in the instant case. 6. On the considerations of the submissions made by the counsel and on a perusal of the FIR, more so, in view of the fact that the wife of the informant had not informed about the incident to the informant and that after long when the informant did not see her jewellery, she revealed the said alleged facts as stated in the FIR, this courts finds it fit that the petitioner be released on pre-arrest bail Page No.# 3/3 on furnishing of a bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with one local surety of the like amount to the satisfaction of the arresting authority under the following conditions : (i) The petitioner shall appear before the Investigating Officer within a period of 10 days from the date of receipt of this order. (ii) The petitioner will appear before the Investigating Officer as and when called for. (ii) The petitioner will not leave his residential address without informing the Arresting Authority. 8. The AB application is accordingly, disposed of. JUDGE Comparing Assistant