Disposed¶27

Kaushik Gogoi v. the State of Assam

Gauhati HC16 Oct 2025AB/2473/2025

Case brief

AI extract

What is this about?

Gauhati High Court; AB/2473/2025; Kaushik Gogoi v. State of Assam; anticipatory bail; pre-arrest bail; Section 482 BNSS 2023; Sivasagar P.S. Case No. 151/2025; Section 351/308 BNS 2023; Section 67/67(A) Information Technology Act; FIR dated 27.09.2025; counter-FIR; bail bond Rs. 20,000; one local surety; Shamima Jahan, J.; order dated 17.10.2025; petition disposed of.

What did the court decide?

Pre-arrest bail granted on furnishing a bail bond of Rs. 20,000/- with one local surety of the like amount, subject to conditions: cooperation with investigation and appearance before the I/O within 7 days; no tampering with evidence or influencing of witnesses; and not leaving his place of residence without permission of the arresting authority. ¶27

Kaushik Gogoi Vs the State of Assam — Anticipatory Bail | Gauhati HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner is entitled to pre-arrest (anticipatory) bail under Section 482 of the BNSS, 2023 in connection with Sivasagar P.S. Case No. 151/2025.

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Court's answer

On consideration of the submissions made at the bar and the counter-FIR lodged by the petitioner against the informant, the Court deemed it fit that the petitioner be released on pre-arrest bail on furnishing a bail bond of Rs. 20,000/- with one local surety of the like amount, to the satisfaction of the arresting authority.

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Ratio / Principle

Condition imposed: the petitioner shall cooperate with the investigation and appear before the I/O within 7(seven) days from the date of the order.

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Key takeaways

Condition imposed: the petitioner shall not tamper with the evidence or influence the witnesses connected with the case.ratio¶25
Condition imposed: the petitioner shall not leave his place of residence without the permission of the arresting authority.ratio¶26

Detailed headnote1 paragraphs

Anticipatory bail - S. 482 BNSS, 2023 - Petitioner, a reporter in a news channel, sought pre-arrest bail in Sivasagar P.S. Case No. 151/2025 registered under Ss. 351/308 BNS, 2023 R/W Ss. 67/67(A) Information Technology Act, arising from an FIR dated 27.09.2025 alleging that he became friends with the informant, developed a relationship, collected his phone numbers and sent objectionable photos to his friends; petitioner's counsel contended the FIR was concocted after the informant demanded money; noting the counter-FIR lodged by the petitioner against the informant the next day, the Gauhati High Court (Shamima Jahan, J.) granted pre-arrest bail on a bail bond of Rs. 20,000/- with one local surety of the like amount, subject to conditions (appearance before I/O within 7 days; no tampering with evidence or influencing witnesses; not leaving residence without permission of arresting authority); petition disposed of by order dated 17.10.2025.

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GAHC010229392025

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB/2473/2025

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KAUSHIK GOGOI

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S/O TULESWAR GOGOI R/O BONDI BAMUNPUKHURI PS TINGKHANG DIST DIBRUGARH ASSAM

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VERSUS

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THE STATE OF ASSAM REP BY THE PP ASSAM

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Advocate for the Petitioner : MR. D GOGOI,

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Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

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ORDER

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Date : 17.10.2025

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Heard Mr. G Chamuah, learned counsel for the petitioner. Also heard Mr. K.K Parashar, learned Additional Public Prosecutor for the State of Assam.

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By this application under Section 482 of the BNSS, 2023 the petitioner has prayed for pre-arrest bail in connection with Sivasagar P.S Case No.

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151/2025 registered under Section 351/308 of the BNS, 2023 R/W Section 67/67(A) of the Information Technology Act.

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The FIR dated 27.09.2025 reveals that the petitioner, who is a reporter in a news channel, became friends with the informant and that they had developed a relationship between them and they stayed together and that the petitioner is alleged to have stayed with the victim with an oblique intent and pursuance to the same, the petitioner is stated to have collected all his phone numbers and used to make calls to his friends through his phone and also that he sends his objectionable photos to his friends along with other actions.

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Mr. G Chamuah, learned counsel for the petitioner, however, submits that the story narrated in the FIR is a concocted story and that when the informant started demanding money from the petitioner and on non-receipt of the same he lodged the ejahar.

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Mr. K.K Parashar, learned Additional Public Prosecutor for the State of Assam, however, submits that the allegations made in the FIR are serious in nature involving the personal life of the informant.

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On consideration of the submissions made at the bar and on the counter-FIR lodged on the next day by the petitioner against the informant, this Court deems it fit that the petitioner may be released on pre-arrest bail on furnishing of a bail bond of Rs. 20,000/- with 1(one) local surety of the like amount to the satisfaction of the arresting authority under the following conditions :

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(i) The petitioner shall cooperate with the investigation and appear before the I/O within 7(seven) days from the date of this order.

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(ii) The petitioner shall not tamper with the evidence or influence the witnesses connected with the case.

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(iii) The petitioner shall not leave his place of residence without the permission of the arresting authority.

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