Gauhati High Court
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GAHC010222662025
2025:GAU-AS:16176
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2401/2025
PRANJAL KONWAR
S/O- ATUL KONWAR,
VILL- MOHANBARI BAZAR, P.O- MOHANBARI, P.S- LAHOWAL, DIST-
DIBRUGARH , PIN-786012, ASSAM
VERSUS
THE STATE OF ASSAM
REPRESENTED BY PP ASSAM
Advocate for the Petitioner : MR P NEOG, MR. R DE
Advocate for the Respondent : PP, ASSAM,
BEFORE
HON'BLE MR. JUSTICE PRANJAL DAS
ORDER
27.11.2025
Heard Mr. R. De, learned counsel for the petitioner. Also heard Mr. P.
Borthakur, learned Additional Public Prosecutor for the State.
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2. This is an application under Section 482 of BNSS, 2023, has been filed by
the petitioner, namely, Pranjal Konwar seeking pre-arrest bail in connection
with Dibrugarh P.S Case No.187/2025 (corresponding to G.R No.616/2025)
under Sections 126(2)/189(2)/304 of the BNS, 2023 R/W Section 3(1) (r) of the
Schedule Castes and the Schedule Tribes (Prevention of Atrocities) Act, 1989.
3. The case arose out of FIR dated 06.06.2025. The gist of allegations was
that on 6/7 unknown persons forcefully and illegally restrained the informant's
vehicle and snatched it away along with the vehicle key from the driver and
assaulted him physically.
4. That later upon enquiry, it came to know that these persons were on
behalf of Cholamandalam Investment and Finance Company Ltd. and some their
staff and certain musclemen from an unidentified recovery agency apart from
one Ratul Das of Cholamandalam.
5. It is alleged that the said act was unlawful and in the process, he also
uttered abusive casteist words as stated in the FIR and later demanded a sum
of Rs. 5,00,000/-.
6. The petitioners' side has relied upon a judgment of the Hon'ble Supreme
Court rendered in the case of Shajan Skaria Vs. State of Kerala and Anr.,
reported in 2024 SCC Online SC 2249. One of the principles that follows from
the decision is that despite the bar of anticipatory bail imposed by Section 18A
of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act,
1989, the Hon'ble Apex Court has held that if there are no prima-facie materials
then a small window may still be available for granting anticipatory bail.
7. The learned counsel for the petitioners has drawn my attention to
preliminary enquiry report dated 25.05.2025 of the I.O. It has been stated that
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the demand to pay back the money of Rs. 5,00,000/- towards instalments to the
Finance Company was misunderstood by the informant and it is also stated till
the time of finalization of this preliminary report, no evidence has been found
regarding the utterance of casteist slurs mentioned in the FIR.
8. It is submitted by Mr. De, learned counsel or the petitioner that the
present petitioner who is the Area Receivable Manager was not at the place of
occurrence and moreover, he stands on a similar or even better footing than the
two petitioners in AB No. 1368/2025, who were granted anticipatory bail vide
order dated 31.07.2025 after being initially granted interim protection.
9. This petitioner was also granted interim bail on 15.10.2025 and the case
diary called for, has been received.
10. Mr. P. Borthakur, learned Addl. P.P. has confirmed the contention of the
petitioner side that at the relevant time the petitioner was not at the place of
occurrence. In the meantime, another inquiry report has been prepared by I/O.
The same along with the statements of the concerned persons, including the
ones in the vehicle, are stated to be available and it is submitted that these do
not reflect any casteist slur as alleged in the FIR.
11. Therefore I am of the considered view that as regards the SC-ST Act, the
present bail petition will fall within the limited window provided in the case of
Shajan Skaria (Supra). As regards the other offences, it appears that there is
progress of investigation and petitioner statement has also been recorded,
pursuant to grant of interim bail and I do not find any necessity or justification
to cancel the same. Accordingly, the interim bail is hereby made absolute,
subject to the conditions that:-
(i) he shall cooperate with the process of law ,
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(ii) he shall not hamper or tamper with the evidence.
12. Send back the case diary.
JUDGE
Comparing Assistant
