Page No.# 1/3 GAHC010127782025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1338/2025 DHARMESWAR ROY S/O- JAGAT DIPEN ROY. PERMANENT RESIDENT OF - DHARAPUR CHARIALI. P.O.- DHARAPUR, P.S.- AZARA, GUWAHATI-781014. DIST.- KAMRUP(M), ASSAM. PRESENTLY RESIDING AT- KAHILIPARA, UTTARAYAN VILLA. FLAT NO.8-B, TOWER NO.5-B, GUWAHATI-781019. DIST.- KAMRUP(M), ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. T HUSSAIN, Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 27.08.2025 1. Heard Mr. Y. S. Mannan, the learned counsel for the petitioner. Also heard Mr. K. K. Parasar, the learned Additional Public Prosecutor for the State Respondent. 2. The learned counsel for the petitioner has submitted that the petitioner was granted interim anticipatory bail by this Court vide its order dated 13.06.2025, however, as the petitioner was already detained behind the bars in connection with Noonmati P. S. Case No. 22/2025 he is not yet arrested in the present case neither he has been shown as arrested in the present case. 3. the learned counsel for the petitioner submits that in the present case the petitioner took an amount of Rs. 1,30,000/- from the informant on an assurance of providing new Innova car to the informant, however, it is alleged in the FIR that he has misappropriated the money, which was given to him. 4. The learned counsel for the petitioner has submitted that the petitioner is ready to cooperate in the investigation as and when he is arrested or shown arrested in the present case i.e., Noonmati P.S. Case No. 22/2025 and, therefore, the interim bail granted to him may be made absolute. 5. On the other hand, the learned Additional Public Prosecutor has produced the case diary Noonmati P.S. Case No. 22/2025 and has vehemently opposed the making the interim bail absolute on the ground that apart from this case there are 12 other cases pending throughout the Assam where he has deputed the innocent customers by promising them to deliver the vehicle after taking money from them. Page No.# 3/3 6. He has also submitted the petitioner after coming to know about the loading of the FIR against him has absconded to the neighboring State i.e., West Bengal and on 03.06.2025 and he was intercepted at a naka checking point where the petitioner did not stopped where he was asked to do so by the police. 7. It is also submitted by the learned Additional Public Prosecutor that the petitioner had also shot fire from the firearms at police, however, somehow he was apprehended and presently, he is detained in the Guwahati Jail. 8. I have considered the submissions made by the learned counsel for the petitioner for both sides and have also perused the case diary of Noonmati P.S. Case No. 22/2025. 9. Though the accusation in this case is only non-payment of Rs. 1,30,000/- to the informant however, considering the fact that several cases of similar nature are pending against the petitioner and he had to be arrested by police by applying force and the allegation that he also fired bullets on the police personnel, this Court is of the opinion that the petitioner is not entitled to get the benefit of a favorable order under Section 482 of the BNSS, 2023 in this case. 10. In view of the above, interim bail granted to the petitioner on 13.06.2025 is hereby vacated and the prayer for anticipatory bail of the petitioner is rejected. 11. Send back the case diary. JUDGE Comparing Assistant