Gauhati High Court
AB/95/2026 of Debeswar Borah Vs The State of AP on 23 August 2026
GAHC040012162026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/95/2026 Debeswar Borah Son of Late Tulshi Ram Bora, permanent esidner of KK Bhatta Road, Chenikhuthi, PO and PS Chandmari, Guwahati-3, Kamrup(M) District, Assam,
GAHC040012162026
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
(ITANAGAR BENCH)
Case No. : AB/95/2026
Debeswar Borah Son of Late Tulshi Ram Bora, permanent esidner of KK Bhatta Road, Chenikhuthi, PO and PS Chandmari, Guwahati-3, Kamrup(M) District, Assam, and presently posted and working as District Development Commissioner, Dhemaji, Office of the Deputy Commissioner, Dhemaji, PS Dhemaji, District Dhemaji, Assam.
VERSUS
The State of AP represented by the PP of AP
Advocate for the Petitioner : Kemo Lollen, D K Baidya,A M Bora Advocate for the Respondent : P P of AP, BEFORE
HONOURABLE MR. JUSTICE BUDI HABUNG
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ORDER
Date : 24.08.2026
Heard Mr. Angshuman Bora, learned senior counsel, assisted by Mr. Kemo Lollen, learned counsel, appearing on behalf of the accused applicant. Also heard Ms. L. Hage, learned Addl. Public Prosecutor, Arunachal Pradesh.
2. By order dated 04.08.2026, while calling for the scanned copy of the Case Diary, this Court granted interim pre-arrest bail to the applicant and directed that, in the event of his arrest in connection with Doimukh P.S. Case No. 75/2026 registered u/ss. 61(2)/318(4)/316(2) of the Bharatiya Nyaya Sanhita, 2023, he shall be released on interim pre-arrest bail on furnishing of a bail bond of Rs.
50,000/- subject to certain conditions, including the condition that he shall cooperate with the investigation and appear before the investigating officer as and when called for in connection with the aforesaid case.
3. Mr. Bora, learned senior counsel for the accused/applicant, submits that in compliance with this Court’s interim pre-arrest bail order dated 04.08.2026, the applicant appeared before the investigating officer on 22.08.2026. Upon his appearance, the investigating officer arrested the accused/applicant in connection with the aforesaid Police Station case, recorded his statement and, upon completion of the necessary formalities, released him on bail in terms of the interim pre-arrest bail granted by the Court vide order dated 04.08.2026.
4. The learned senior counsel further submits that the applicant has already been released on bail and he has been cooperating with the investigation of the case. There is also no allegation that the accused/ applicant has violated of any of the bail conditions imposed by this Court. He, therefore, submits that the interim pre-arrest bail granted to the accused/applicant, may be made absolute.
5. The learned Addl. Public Prosecutor, Arunachal Pradesh, while referring to the Case Diary, submits that, upon appearing before the investigating officer of the case on 22.08.2026, the accused/applicant was arrested, his statement was recorded and upon completion of necessary formalities, he was released on bail in terms of the interim pre-arrest bail granted by this Court. She further submits that, as reported by the Investigating Officer, the accused/applicant is cooperating with the investigation of the case and since he is cooperating with the investigation of the case and his statement has also been recorded, his further custodial interrogation/remand is not presently required. She, therefore, has no objection if the interim pre-arrest bail granted to the accused applicant, is made absolute, subject to such additional conditions as may be necessary to ensure his continued cooperation with the investigation of the case.
6. I have considered the submissions advanced by the learned counsels for the parties and also perused the available record.
7. A perusal of the record reveals that, pursuant to interim pre-arrest bail order dated 04.08.2026, passed by this Court, the accused/applicant appeared before the investigating officer on 22.08.2026. He was thereafter arrested and, upon completion of necessary formalities, was released on bail in terms of the interim order granted by this Court. The Case Diary further reflects that the accused/applicant is cooperating with the investigation and his further custodial interrogation/remand does not appear to be necessary at this stage.
8. In view of the facts and circumstances of the case, and having regard to the fact that the accused/applicant has appeared before the Investigating Officer and cooperated with the investigation, this Court is of the considered view that his further custodial interrogation is not presently warranted. No material has been brought to the notice of this Court indicating any violation of the bail conditions imposed by the interim order.
9. Accordingly, the interim pre-arrest bail granted to the accused/ applicant on 04.08.2026, is hereby made absolute on the same bail bond and surety, subject, however, to the following terms and conditions:
(i) . that he shall continue to cooperate with the investigating officer of the case for further investigation of the case and shall appear before him as and when called for;
(ii) . that he 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/her from disclosing such facts to the Court or to any police officer, nor, shall she tamper with the evidence;
(iii) . that he shall not indulge in any activity which would either, hamper, or, hinder the investigation of the case; and
(iv) . that he shall not leave the country without prior intimation of the investigating officer of the case;
10. This order shall be read along with the earlier bail order, dated 04.08.2026.
11. With the above directions, this anticipatory bail application stands disposed of.
12. Return the Case Diary to the learned Addl. Public Prosecutor, Arunachal Pradesh, forthwith.
JUDGE Comparing Assistant