Gauhati High Court
Abdul Ahad vs The State Of Assam on 4 August, 2025
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GAHC010167792025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1843/2025
ABDUL AHAD
SON OF SRI AYUBUR RAHMAN
RESIDENT OF FILL- DIGHIRPAR (MISSION ROAD), P.O. AND P.S.
BADARPUR, DIST. SRIBHUMI, ASSAM, PIN- 788806.
VERSUS
THE STATE OF ASSAM
REP BY THE PP, ASSAM
Advocate for the Petitioner : MR. P K ROYCHOUDHURY, MR. A K AZAD,MR K UDDIN
Advocate for the Respondent : PP, ASSAM,
BEFORE
HON'BLE MRS. JUSTICE MITALI THAKURIA
ORDER
04-08-2025 Heard Mr. P. K. Roychoudhury, learned counsel for the petitioner and Mr. J. Chutia, learned Additional Public Prosecutor, for the State respondent.
This is an application under Section 482 BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioner, who is apprehending his arrest in connection with Badarpur P.S. Case No. 31/2025 under Sections 61(2)/316(2)/318(2)/318(3) of the BNS, 2023.
Page No.# 2/3 It is submitted by Mr. Roychoudhury, learned counsel that the present petitioner is innocent and he has not committed any such offence as alleged in the FIR. He lost 3/4 cheques in the year 2015 for which he submitted a complaint before the Badarpur Police Station and after getting the police report, the concerned Bank stopped payment for those lost cheques.
However, the informant by way of mischief had instituted a N.I. Case with the allegation that the present petitioner had issued those cheques which were dishonoured and this Court had already stayed the proceeding of said N.I. Case. Thereafter, the present FIR has been lodged by the informant with some false and concocted allegation.
However, the petitioner is ready and willing to cooperate with the I.O. in further investigation of the case, if he is granted with some interim protection.
Mr. Chutia, learned Addl. PP submitted in this regard that in the present FIR allegation against the petitioner of cheating for an amount of Rs.40,00,000/- and it is also alleged that he issued some cheques which were dishonoured in the Bank and thus, the petitioner cheated the informant. More so, he was also served with a Notice under Section 35(3) BNSS, but he did not appear before the I.O. in compliance of the said Notice and accordingly, Mr. Chutia, raised objection and submitted that the Case Diary may be called for to know the actual fact of the case.
Considering the entire aspect of the matter and also considering the submissions made by the learned counsel for both sides, I find it a fit case to extend the privilege of interim pre-arrest bail to the accused/petitioner, till receipt of the Case Diary.
Accordingly, it is provided that in the event of arrest of the Page No.# 3/3 accused/petitioner, namely, Abdul Ahad, in connection with Badarpur P.S. Case No. 31/2025 under Sections 61(2)/316(2)/318(2)/318(3) of the BNS, 2023, he shall be enlarged on interim pre-arrest bail on his executing a bail bond of Rs.20,000/- (Rupees Twenty Thousand) only with one surety of the like amount to the satisfaction of the arresting authority, subject to the following conditions:
(i) that the petitioner shall appear before the Investigating Officer of the case within a period of 1(one) week from today to enable recording of his statement;
(ii) that the petitioner shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. Case and
(iii) that the petitioner 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.
List the matter, accordingly, on 05.09.2025 for production of the Case diary.
JUDGE Comparing Assistant