Page No.# 1/4 GAHC010068942025 2025:GAU-AS:4567 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/780/2025 KALPAJIT GOGOI @ KALPAJYOTI S/O-SRI GIRIN GOGOI, R/O VILL-BARAHI KACHARI, SONARI, P.S-SONARI, DIST- CHARAIDEO, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. P HAZARIKA, MR. H S BORAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 10-04-2025 Heard learned counsel Mr. P. Hazarika for the petitioner Kalpajit Gogoi @ Kalpajyoti, who has filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as he is apprehending arrest in connection with Sonari Police Station Case No. 30/2025 under Sections Page No.# 2/4 111(2) (b)/316(2)/318(4) of Bharatiya Nyaya Sanhita, 2023. 2. Heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam. 3. The allegation against the petitioner is that he is involved in taking away vehicles by promising to pay Rs.35,000/- (Rupees Thirty Five Thousand) to the owners of the vehicles. 4. Learned Additional Public Prosecutor has submitted that there are incriminating materials in the Case Diary that the petitioner has been involved in taking away vehicles from several victims with promises to pay monthly rent of Rs.35,000/- (Rupees Thirty Five Thousand) and those vehicles are mostly sold in Nagaland. 3. I have scrutinized the Case Diary. Indeed there are incriminating materials relating to complicity of taking away vehicles from the victims. 4. The petitioner has approached this Court with prayer for pre-arrest bail as there was a press release which has tarnished the image of the petitioner as he was linked with several car thefts. 5. Learned counsel for the petitioner has submitted that there is a specific allegation in the FIR against Pankaj Baruah and Katan Das but no overt act has been attributed to the present petitioner. The vehicle alleged to have been stolen is a Bolero Max Pickup vehicle bearing registration No. AS-04 CC-0329. 6. Investigation has progressed substantially. The merits of the case are not brought to the fore as investigation is still under progress. It appears that Page No.# 3/4 custodial interrogation may not be required. 7. Considering all aspects, petition is allowed. 8. In the event of his arrest, the petitioner shall be enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that:- (i) the petitioner refrain from such activities with which he is alleged, (ii) the petitioner shall appear before the Investigating Officer within one week and cooperate with the investigation, (iii) the petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation and, (iv) the petitioner shall not leave the jurisdiction of the Court without prior permission. 9. On breach of any of the bail conditions, pre-arrest bail granted to the petitioner shall automatically stand cancelled. 10. In terms of the above observation, this Anticipatory Bail application stands disposed of. 11. Send back the Case Diary. JUDGE Page No.# 4/4 Comparing Assistant