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2025 Supreme(Online)(Gau) 7109
GAUHATI HIGH COURT
Pranjal Das, J
SRI DEBASISH HALOI AND ANR – Appellant
Versus
THE STATE OF ASSAM – Respondent
Anticipatory Bail Application | AB/1850/2025
For the Appellants/Petitioners: MR. A ALI, S. AHMED
For the Respondents: PP, ASSAM, MR P TALUKDAR, MR W R MEDHI
Important Points
Subject
Criminal Law - Bail
Act Referred
Headnote
(B) Criminal Procedure - Anticipatory bail applications must be considered based on accusations, legal notices, and circumstances of the case, highlighting the need for fair legal processes. (Paras 4, 6, 8)
Facts of the case:
The petitioners approached the court due to apprehension of arrest linked to an FIR allegedly lodged by a family member, which revolves around claims of domestic issues requiring legal resolution.
Findings of Court:
Interim bail was granted to petitioners to aid the legal process while ensuring they remain compliant with investigation protocols.
Issues: Court addressed the need for temporary protection during developments in the case's investigation phase.
Ratio Decidendi: The court affirmed the principle of allowing bail under conditions that support the investigative process while protecting individual rights, framing that interim bail is subject to compliance with specific conditions to prevent obstruction of justice.
Result: Interim bail granted.
| Table of Content |
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| 1. procedural directives for future hearings. (Para 11 , 12) |
ORDER
Date : 13.08.2025 Heard Mr. A. Ali, learned counsel for the petitioners. Also heard Mr.
R.J. Baruah, learned Additional Public Prosecutor for the State and Mr. W.R.
Medhi, learned counsel for the informant.
2. A report was called for regarding registration of any case against the petitioners seeking the protection of anticipatory bail.
3. The learned Additional Public Prosecutor submits that no report has been received but there is some information that perhaps a case has been registered at North Guwahati police station vide North Guwahati P.S. Case No. 66/2025 under Section 296 /351(3)/79/85 of BNS . That aspect is also reflected in para 3 of the earlier order dated 01.08.2025 stating that this application under Section 482 of BNS , 2023 has been filed by the petitioners, namely, Sri Debasish Haloi and Smti. Jaba Haloi, who are apprehending their arrest in connection with an FIR which they suspect that it has been lodged by the wife of the petitioner No. 1, namely, Smti. Sagarika Das in All Women Police Station, Panbazar and the same has been forwarded to North Guwahati Police Station for registration.
4. The learned counsel for the informant objects to grant of any anticipatory bail. It is also submitted that he may be given a copy of the bail proceeding before this Court.
5. Prayer is allowed.
6. Upon perusing the case, it appears that a legal notice dated
10.07.2025 sent from the side of the informant to the accused/petitioner No. 1 for restitution of conjugal life in which several allegations have been made against the petitioner No. 1. In reply to the same, communication dated 22.02.2025 has been sent in which the petitioner No. 1 has made counter allegations.
7. The learned counsel for the informant fairly submits that the case has been registered and the statement of the informant has already been recorded. It is also submitted that the names of Mr. W.R. Medhi, learned counsel and Mr. P. Talukdar, learned counsel for the informant may be reflected in the cause list. The Registry shall do the needful.
8. In the backdrop of the aforesaid facts and circumstances, I am of the considered view that the present petitioners should also be given a chance to record their statements with some interim protection. However, despite the investigation likely to be in the initial stage, perusal of the case diary is necessary for effective adjudication of the bail application. Therefore, call for the case dairy
9. Accordingly, in the event of arrest of the accused-petitioners, named above, shall be released on interim bail in connection with North Guwahati P.S. Case No. 66/2025 under Section 296 /351(3)/79/85 of BNS , 2023, on furnishing bail bond of Rs.20,000/- each with one suitable surety each of the like amount to the satisfaction of the arresting authority.
10. The direction for bail is further subject to the conditions that the accused-petitioner:
(a) that the petitioners shall co-operate in the investigation and appear before the I.O. for recording their statements;
(b) that the petitioners shall not intimidate or harassment to the informant side; and (c) that the petitioners shall not hamper and tamper with evidence.
11. Violation or breach of any condition(s) shall entail cancellation of bail.
12. List the matter along with AB/1852/2025 on 22.08.2025.
