Grant of interim pre-arrest bail under Section 482 of BNSS, 2023, subject to conditions of cooperation with the investigation and non-interference with witnesses in a matter involving BNS and IT Act offenses.

ORDER

Heard Mr. B. D. Konwar, learned Senior counsel assisted by Mr. P. Doley, learned counsel for the petitioner and Mr. K. Baishya, learned A.P.P. appearing for the State.

2. By this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the petitioner is seeking pre-arrest bail in connection with Tezpur P.S. Case No.365/2026 under Sections 296 /79/351(2) of the Bharatiya Nyaya Sanhita (BNS), 2023 read with Sections 67 /67A of the Information Technology (Amendment) Act, 2008.

3. Let the scanned copy of the case diary be produced on 24.07.2026.

4. The learned Senior counsel for the petitioner has prayed for interim bail which is opposed by the learned A.P.P. for the State.

5. In view of the projection that the dispute between the petitioner and the informant and others is continuing from the month of June, 2024, this Court is inclined to grant interim protection to the petitioner by providing that in the event of his arrest, the petitioner, namely, Sri Prasanta Kumar Borah in connection with the aforesaid case, shall be released on interim bail on furnishing bail bond of Rs.20,000/- with one suitable surety of like amount to the satisfaction of the arresting officer.

6. The bail is granted on the following conditions:

(i) The petitioner shall appear before the I/O within a period of 10 days from the date of the present order to co-operate with the investigation.

(ii) That the petitioner shall make himself available to the police or any other investigating agency or Court in the present case as and when required. Moreover, notice under section 35(3) of the BNSS is served at the address and/or place of residence. It would constitute due service of notice at the petitioner to appear before the I/O.

(iii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witness.

(iv) That the petitioner shall not obstruct the smooth progress of the investigation/trial.

(v) That the petitioner shall not misuse his liberty in any manner.

(vi) That the petitioner shall not jump over the bail.

7. List on 24.07.2026.