Gauhati High Court
Pranjal Konwar vs The State Of Assam on 15 October, 2025
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GAHC010222662025
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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
HONOURABLE MR. JUSTICE PRANJAL DAS
ORDER
Date : 15.10.2025
1. Heard Mr. R. De, learned counsel for the petitioner. Also heard Mr. D.P.
Goswami, learned Additional Public Prosecutor for the State.
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
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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 Atrocites) 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 Atrocites) 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
the demand to pay back the money of Rs. 5,00,000/- towards installments 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
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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. Call for the case diary to ascertain present status of the investigation.
10. However it is directed that in the event of arrest in connection with this
case, the accused-petitioner, named above, shall be allowed to go on interim
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), on furnishing bail bond of Rs.20,000/- with one suitable
surety of the like amount to the satisfaction of the arresting authority.
11. The direction for bail is further subject to the conditions:
(a) That the accused person shall co-operate with remaining investigation;
(b) That the accused persons shall not hamper or tamper with evidence; and
12. List it on 07.11.2025.
JUDGE
Comparing Assistant
