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2025 Supreme(Online)(Gau) 7428

GAUHATI HIGH COURT
Pranjal Das, J
APURBA DEKA AND 3 ORS. – Appellant
Versus
THE STATE OF ASSAM – Respondent
AB/1920/2025



Advocates:
For the Appellants/Petitioners: MR B KAUSHIK, K BHARALI, MS. N DAS, MR. S HAZARIKA
For the Respondents: PP, ASSAM

The court grants interim bail under specified conditions to the petitioners, ensuring cooperation with the investigation and prohibiting interference.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Pre-arrest bail application - The petitioners seek bail relating to allegations in a police case, claiming false implication without substantial evidence - The court acknowledges that prior co-accused were granted bail and notes the necessity for ensuring the petitioners do not interfere with the investigation. (Paras 2, 7)

(B) Bail - Conditions - The court imposed conditions on the bail granted, ensuring cooperation with the investigation and preventing interference in evidence gathering. (Paras 7, 8)

Facts of the case:
The petitioners assert the charges against them stem from a social media altercation related to electoral matters, dismissing the informant's claims as exaggerated and false. The bail is sought after prior co-accused received interim bail.

Findings of Court:
The court considers the credibility of allegations and past bail decisions for co-accused, deciding on the petitioners' interim bail with specific conditions.

Issues: The primary issue addressed was the legitimacy of accusations against the petitioners and prior bail granted to co-accused.

Ratio Decidendi: The court emphasized the need for careful assessment of accusations and ensuring that bail conditions uphold the integrity of ongoing investigations.

Result: Interim bail granted to the petitioners with specified conditions.

Table of Content
1. conditions imposed for interim bail and the necessity for cooperation. (Para 8 , 9)

ORDER

11.08.2025

1. Heard Mr. S. Hazarika, learned counsel for the petitioners. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State.

2. This application under Section 482 of BNSS, 2023 has been filed by the petitioners, namely, 1. Apurba Deka, 2. Pradip Talukdar and 3. Achyut Rajbongshi and 4. Ridip Deka seeking pre-arrest bail in connection with Baihata Chariali P.S Case No. 194/2025 registered under Sections 189(2)/329(3) /

126(2)/117(2)/118/109/311/131/296/74 of BNS, 2023

3. Mr. S. Hazarika, learned counsel for the petitioners submits that three co-accused i.e. 1. Romen Deka, 2. Tubul Deka and 3. Dipak Baishya were granted interim bail by this Court on 06.08.2025, further submitting that the present petitioners are villagers and have been falsely implicated. He has also drawn my attention to the social media post made by the son of the informant i.e. Sri Girin Goswami.

4. Upon perusing, I find that the said posts also include some slang languages. It is submitted that the version of the ejahar is concocted and a complete exaggeration. The parties might had some altercation but no such incident as described has taken place. The altercation was regarding a social media post made by son of the informant, casting aspersions on Tubul Deka and his wife, who had won a GP election, while the losing candidate was the sister-in-

law of the informant’s son.

5. Mr. R. J. Baruah, learned Additional Public Prosecutor for the State, submits that the aforementioned bail of co-accused i.e. 1. Romen Deka, 2. Tubul Deka and 3. Dipak Baishya is fixed on

27.08.2025 for case diary along with medical report.

6. Case diary shall be requisitioned.

7. Therefore, in the interim, in the event of their arrest in connection with this case, the petitioners namely, 1. Apurba Deka, 2. Pradip Talukdar and 3. Achyut Rajbongshi and 4. Ridip Deka shall be allowed to go on bail of Rs.25,000/- (Rupees Twenty Five Thousand) only each with one surety each of the like amount subject to the satisfaction of the arresting authority with following conditions:

I) That the petitioners shall co-operate in the investigation and appear before the I.O for recording their statement;

II) That the petitioners shall not hamper or tamper with the evidence.

III) That the petitioners shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts of the case before the Investigating Officer;

8. Violation of the bail conditions might entail cancellation of the interim bail.

9. List on 27.08.2025 for case diary along with medical report.

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