Page No.# 1/4 GAHC010107072026 2026:GAU-AS:8084 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1151/2026 JAMADAY RABHA S/O KASTARAM RABHA, R/O VILL PANISHALI, LAKHIPUR, PO AND PS LAKHIPUR, DIST GOALPARA, ASSAM, PIN 783129 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR K BHUYAN, MS. A AKHTAR,MR. M U E BHUYAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 09-06-2026 Heard Mr. K Bhuyan, the learned counsel for the petitioner. Also heard Mr. P Borthakur, the learned Additional Public Prosecutor appearing on behalf of State respondent. Page No.# 2/4 2. This is an application u/s 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for granting pre-arrest bail to the accused petitioner in connection with Lakhipur P.S. Case No. 59/2026 u/s 296/3(5) of Bharatiya Nyaya Sanhita (BNS), 2023 read with Section 13/14 of Assam Game and Betting Act, 1970. 3. Case Diary is received. Perused the same. 4. It is submitted by Mr. Bhuyan that the present accused/petitioner is no way connected in the alleged offence, nothing has been seized from his possession and he is also not involved in organizing any illegal activities of gambling or vulgar dances as alleged in the FIR. He further submitted that his name is also not properly mentioned in the FIR though it is a fact that he is one Jamaday Rabha. Mr. Bhuyan further submitted that the present petitioner is no way involved in the alleged offence nor he was an organizer in the said mela. However he is ready and willing to extend his cooperation in further investigation of this case, if he is granted with the privilege of pare-arrest bail. 5. Mr. Borthakur, the learned Additional Public Prosecutor submitted in this regard that there are sufficient incriminating materials against the present accused/petitioner also, who are stated to be one of the organizer of the illegal gambling activities as well as some vulgar dances in the said mela. Further he submitted that the President/Secretary of the mela also assured initially that no such kind of illegal activities like gambling or vulgar dances etc. will be permitted in the said mela. But, in spite of that such illegal activities were organized in presence of the present petitioner along with the other co-accused persons. He further submitted that some of the witnesses have also uttered the name of the present petitioner. However, till date there is no recovery made by police during investigation. Page No.# 3/4 6. Considering the submissions made by learned counsels for both sides, perusing the Case Diary and other aspects of the case, this Court is of opinion that an opportunity may be given to the present petitioner to cooperate with the investigation of this case. In view of this, I find it a fit case to extend the privilege of pre-arrest bail to the present petitioner and accordingly the prayer is allowed. 7. Accordingly, it is provided that in the event of arrest of the accused/petitioner, namely, Jamaday Rabha in connection with Lakhipur P.S. Case No. 59/2026 u/s 296/3(5) of Bharatiya Nyaya Sanhita (BNS), 2023 read with Section 13/14 of Assam Game and Betting Act, 1970, he shall be enlarged on pre-arrest bail on his executing a bond of Rs. 30,000/- (Rupees Thirty thousand)only with one surety of like amount to the satisfaction of the arresting authority, subject to the following conditions:- (i) that the petitioner shall make himself available for interrogation by the Investigating Officer within 7(seven) days; (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, threaten or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. Page No.# 4/4 8. The anticipatory bail application stands disposed of. 9. Send back the Case Diary. JUDGE Comparing Assistant