Gauhati High Court
Sri Prasanta Kumar Borah vs The State Of Assam on 9 July, 2026
Author: Kalyan Rai Surana
Bench: Kalyan Rai Surana
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GAHC010141482026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1551/2026
SRI PRASANTA KUMAR BORAH
SON OF LATE JONARAM BORAH RESIDENT OF BAMUNCHUBURI LOT NO
11 BHAIRABPAD MOUZA PO AND PS TEZPUR DISTRICT SONITPUR ASSAM,
PIN-784001
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PP, ASSAM
Advocate for the Petitioner : MR. B D KONWAR SR. ADV., MR H AGARWAL,MR P DOLEY
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 09.07.2026
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
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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
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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.
JUDGE
Comparing Assistant
