GUWAHATI, India, July 1 -- Gauhati High Court issued the following order on June 2:
1. Heard Mr. S. C. Biswas, the learned counsel for the petitioner. Also heard Mr. P. Borthakur, the learned Additional Public Prosecutor for the State respondent.
2. This application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioner, namely, Rajkumari Das, apprehending that she will be remanded to custody if she appears before the Court of learned Judicial Magistrate First Class, Nagaon in C.R Case No. 575/2025 under Sections 61/229/318(4)/336(3)/337/339 of the BNS, 2023.
3. It appears that the said complaint case has been lodged by the respondent No.2 Surajit Dey against nine accused persons including the present petitioner.
4. It also appears that the Trial Court has issued notice to the petitioner fixing 27.06.2025 as the date of appearance.
5. Though, the learned counsel for the petitioner has submitted that they apprehend that the Trial Court may not grant bail to the petitioner on her appearance before the said Court, however, this apprehension does not have any legal basis as there is no embargo on the part of the Trial Court to consider the bail application of the petitioner, if she appears before the said Court and prays for the same.
6. Thus, this Court finds that this anticipatory bail is not maintainable as there is no apprehension of the petitioner getting arrested.
7. This anticipatory bail application is accordingly, disposed of.
8. The petitioner may approach the Trial Court on the date fixed and may pray for regular bail before the said Court on her appearance.
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