Page No.# 1/4 GAHC010091052025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1010/2025 SRI SURENDRA KUMAR BORTHAKUR S/O- LATE JITEN BORTHAKUR. R/O- VILL- KALIABOR. P.O.-KUWARITAL, P.S- KALIABOR, DIST.- NAGAON, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR M HOQUE, MS J BEGUM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 05.05.2025 1. Heard Mr. M. Hoque, the learned counsel for the petitioner. Also heard Ms. S.H. Bora, the learned Additional Public Prosecutor, Assam, appearing for the State respondent. Page No.# 2/4 2. This application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner, namely, Sri Surendra Kumar Borthakur, who is apprehending his arrest in connection with Dispur P.S. Case No. 2624/2022 under Sections 420/ 468/ 471 of the IPC. 3. The gist of accusation in this case is that on 16.12.2022, one Sri Aniruddha Talukdar, had lodged an FIR against the present petitioner before the Officer-in-Charge of Dispur Police Station, inter alia, alleging that the petitioner had entered into a tenancy agreement with the elder brother of the first informant for the purpose of running of an NGO for Children Home under the Child Protection Society. After expiry of the said tenancy agreement, when the informant tried to contact the petitioner for renewal of the said agreement, he came to know that the petitioner had forged the tenancy agreement including the forgery of the signature of the witnesses therein and submitted a forged document with an intention for grabbing money in the name of the NGO. 4. The learned counsel for the petitioner has submitted that the accusations made in the FIR are not true. He submits that, in fact, the petitioner had entered into an agreement to sell a land with the elder brother of the first informant and in this respect some money was paid to him. However, when he approached the elder brother of the first informant for getting the registration of the sale deed, he refused to do Page No.# 3/4 so. Therefore, the petitioner was compelled to file a title suit against the elder brother of the first informant. The said title suit is registered as T.S. No. 36/2022 and is presently pending in the Court of the learned Civil Judge, Sonitpur at Tezpur. 5. The learned counsel for the petitioner submits that the petitioner is ready and willing to co-operate in the investigation. 6. On the other hand, Ms. S.H. Bora, the learned Additional Public Prosecutor has fairly submitted that the allegation levelled against the petitioner in the FIR can be investigated even without the custodial interrogation of the present petitioner, if he cooperates in the investigation. 7. In view of the above, the above-named petitioner is hereby directed to appear before the Investigating Officer of Dispur P.S. Case No. 2624/2022 within a period of 10 (ten) days from the date of this order and co-operate in the investigation. If he does so within the stipulated period of time, in the event of his arrest in connection with Dispur P.S. Case No. 2624/2022, 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 with following conditions that:- (i) the petitioner shall co-operate in the investigation; and (ii) the petitioner shall not directly or indirectly make any inducement, Page No.# 4/4 threat or promise to the informant or to any other persons who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court. 8. With the above direction, pre arrest Bail application is disposed of. JUDGE Comparing Assistant