Page No.# 1/4 GAHC010105002025 2025:GAU-AS:6401 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1106/2025 NAZRUL ISLAM S.O. LATE ABDUL MALEK, VILL. TAPAR PATHER, P.S. CHHAYGAON, DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : BANASHREE BARMAN, MR. R A CHOUDHURY,MR. I A HAZARIKA,MR. H ALI,MR H R A CHOUDHURY Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 20.05.2025 1. Heard Mr. H.R.A. Choudhury, the learned Senior Counsel, assisted by Mr. H. Ali, the learned counsel for the petitioner. Also heard Mr. R.J. Baruah, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioner, namely, Nazrul Islam, who is apprehending his arrest in connection with Chhaygaon P.S. Case No. 154/2025, under Sections 316(5)/3(5) of the BNS, 2023. 3. The gist of accusation in this case is that on 10.05.2025, one Nazrul Islam had lodged an FIR before the Officer-In-Charge of Jorshimuli police station, inter alia, alleging that the petitioner, who is the Assistant Teacher (In-Charge of Tapar Pather High School) and the accused No. 2, who is the Head Master of the said school were found selling the books meant for free distribution amongst students to one Lalchand Ali. 4. It is also stated in the FIR when the said Lalchand Ali was carrying the books in an auto-van, the local public stopped it and handed over to police. 5. The learned Senior Counsel for the petitioner has submitted that the petitioner is an Assistant Teacher of Dispur and when the Head Master of the school wanted to dispose of the old books, and other materials for Page No.# 3/4 the school, this FIR has been lodged falsely against them. 6. It is also submitted by the learned Senior Counsel for the petitioner that the value of the books sold would not be more than 500 rupees. He further submits that the books are already recovered and therefore, custodial detention of the petitioner may not be necessary. He also submits that the petitioner is ready to co-operate in the investigation. 7. I have heard the learned Additional Public Prosecutor also. 8. Considering the fact that the books which are stated to be sold unauthorizedly have already been recovered and also considering the submissions made by the learned Senior Counsel, as discussed in the foregoing paragraphs, this Court is of the considered opinion that if the petitioner co-operates in the investigation, his custodial detention may not be necessary for fair completion of the investigation of Chhaygaon P.S. Case No. 154/2025. 9. In view of the above, this anticipatory bail application is disposed of with a direction to the petitioner to appear before the Investigating Officer of Chhaygaon P.S. Case No. 154/2025 within a period of 7(seven) days of the date of this order and cooperate in the investigation. If he does so within the stipulated period of time, in the event of his arrest in connection with the above-noted case, he shall be allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only) with a suitable surety of the like amount, subject to the satisfaction of the arresting authority with following conditions:- (i) the petitioner shall co-operate in the investigation; and Page No.# 4/4 (ii) the petitioner shall not directly or indirectly make any inducement, 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 persons from disclosing such facts before the Investigating Officer or to any Court. 10. This anticipatory bail application is accordingly disposed of. JUDGE Comparing Assistant