Page No.# 1/4 GAHC010131702025 2025:GAU-AS:11203 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1377/2025 DR JAHER ALI SON OF LATE LALCHAN MIAH, RESIDENT OF VILLAGE SONPURA, P.O. JANIA, P.S. KALGACHIA, DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR A U AHMED, MS. H SARMA Advocate for the Respondent : PP, ASSAM, MR. P C R DAS(INFORMANT),MR. S J SARMAH(INFORMANT),MR. P BOIRAGI (INFORMANT) BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 21-08-2025 Heard Mr. HRA Choudhury, the learned Senior Advocate assisted by Mr. A U Ahmed, the learned counsel for the petitioner. Also heard Mr. B. Sharma, the learned Additional Public Prosecutor appearing on behalf of the State Page No.# 2/4 respondent and Mr. P. Boiragi, the learned counsel for the informant. 2. This is an application u/s 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for granting pre-arrest bail to the accused petitioner in connection with Barpeta P.S. Case No. 197/2025, G.R. No. 608/2025 u/s 316(4)/318(2)/336(3) of Bharatiya Nyaya Sanhita (BNS), 2023. 3. Case Diary received. Perused the same. 4. It is submitted by Mr. Choudhury, the learned senior counsel for the petitioner that a false and concocted allegation has been brought against the present accused/petitioner. However, after obtaining the order of interim pre- arrest bail, he already appeared before the I/O, cooperated in the investigation and his statement is also recorded accordingly. He is still ready and willing to extend his cooperation in the further investigation of this case, if he is granted with the privilege of interim pre-arrest bail. Mr. Choudhury further submitted that it was the allegation that he has misappropriated Rs. 2 crores, which was sanctioned for some construction work. But, he already submitted the completion certificate and it is also seen from Annexure-2 that the money was paid in the installment basis and which was utilized and accordingly the utilization certificate was also issued. He further submitted that though it is alleged that he has not handed over the documents but on 22.02.2025 he handed over all the documents and it was accordingly received by the I/C Principal. Further, the petitioner is also under suspension and he hence has no further access to the Department or to the document concerned and accordingly there cannot be any chance of hampering with the investigation. More so, the I/O has collected all the documents from his possession and the case is also primarily based on documentary evidence. Page No.# 3/4 5. Mr. Sharma, the learned Additional Public Prosecutor submitted in this regard that there are sufficient incriminating materials against the present accused/petitioner and as per allegation he has misappropriated around 2 crores of money which was sanctioned and by creating some false resolution showing to be held on 10.12.2023, he forged the signature of the I/C Principal as well as one Dr. Tapan Chandra Nath who were not even the member of the governing body and forging their signature one resolution was made fraudulently. He further submitted that from the materials available in the Case Diary it is seen that in spite of the objection raised by Dr. Nath, he produced some false resolution before him stating that the objection of misappropriation 1 crore 90 lacs has already been resolved in the General Body meeting. Thus he has misappropriated huge amount of money and cheated the Department and also committed the offence of forgery by forging the signatures of some of the members of the GB. Mr. Sharma accordingly raised objection and submitted that it is not at all a fit case to grant with the the privilege of pre-arrest bail the the present petitioner. 6. Mr. Boiragi, the learned counsel appearing for the informant submitted that they have already filed their objection and it is stated that from the FIR itself it is seen that the petitioner also produced some wrong information and wrong documents before this Court while filing a writ petition against the order of his suspension wherein he created some forged documents showing that one G.B. was held on 10.12.2023 and by forging the signature of some of the persons and also forging the signature of one Dr. Tapan Chandra Nath claiming that his presence in the Board Meeting on 10.12.2023. Further, he submitted that some of the important documents are yet in the possession of the present petitioner and in spite of request/reminder and even after his suspension order they Page No.# 4/4 produced these documents which are essential and important in running the institution and to bring out the true facts. 7. Hearing the submissions made by learned counsel for both sides and I have also perused the CD and it is seen that the accused/petitioner appeared before the I/O and his statement is also recorded. However considering the incriminating materials collected by the I/O vis-a-vis considering the submissions made by learned counsel for both sides, I find that his custodial interrogation may be required for the interest of investigation and also to unearth some facts. In view of this, I find that it is not at all a fit case to extent the privilege of pre- arrest bail to the present petitioner and accordingly the same stands rejected. 8. Further, the order of interim pre-arrest bail dated 18.06.2025 is hereby stands vacated. 9. In view of above, this Anticipatory Bail application stands disposed of. Case Diary be returned. JUDGE Comparing Assistant