Extracted from the PDF above. The PDF is authoritative.
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2025:GAU-AS:6288
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/937/2025 SUBHASH SAHA S/OLT.SUMANTRA KUMAR SAHA R/O BARPETA ROAD, DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. SURAJIT DAS, A S CHOUDHURY,MR A W AMAN,MR SARFRAZ NAWAZ Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER 19.05.2025
1. Heard Mr. S. Nawaz, the learned counsel for the petitioner. Also heard Mr. R.J. Baruah, the learned Additional Public Prosecutor appearing for the State of Assam.
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2. This application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioner, namely, Subhash Saha, on the apprehension that one Digen Das, had approached the police on requisition of non-payment of some money, which, according to him, the petitioner owes to the staff.
3. However, as the petitioner was unaware of the registration of any FIR, however, he submits that, he received telephonic calls from the Officer-In-Charge of Barpeta Road Police Station as well as the Superintendent of Police of the same district, for coming to the police station.
4. However, as the petitioner was unable to furnish any details regarding any pending police station case at Barpeta Road Police Station, this Court had requested the the learned Additional Public Prosecutor to get a report from the Officer-In-Charge of the concerned police station, as to whether any FIR was lodged against the petitioner and whether any case has been registered.
5. The learned Additional Public Prosecutor has submitted that he has been informed by the Officer-In-Charge of Barpeta Road Police Station, that no case has been registered till date against the present petitioner in the same police station.
6. However, the learned counsel for the petitioner submits that, yesterday, the petitioner had received telephonic calls from Officer-In- Charge of Barpeta Road Police Station, asking him to appear before the Barpeta Road Police Station and therefore, he is apprehension of getting
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7. Taking the matter in its entirely, this anticipatory bail application is
disposed of with a direction that if in the event, the FIR lodged by Sri Digen Das, alleging non-payment of due money from the present petitioner against supply of mustard seeds, any police station is registered in the said police station and if the petitioner is arrested in connection with the said case, he shall be allowed to go on bail of Rs.30,000/- with a suitable surety of like amount to the satisfaction of the arresting authority, subject to the conditions that:- i. That the petitioner shall cooperate in the investigation; and ii. That the petitioner shall not directly or indirectly make any inducement, threat or promise to any other persons who may be acquainted with the
facts of the case so as to dissuade such persons from disclosing such facts before the Investigating Officer.
8. With the above observations, this anticipatory bail application is
disposed of.
JUDGE Comparing Assistant