Page No.# 1/4 GAHC010139912025 2025:GAU-AS:10367 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1490/2025 MD MONIR UDDIN SON OF QARI SAROWER ALI R/O MOIRAMARA P.S. HOWLY DIST. BARPETA, ASSAM PIN NO. 781316 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR G BORDOLOI, N J DAIMARI,P BARO,MS. J BURAGOHAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 06.08.2025 1. Heard Mr. N.J. Daimari, the learned counsel for the petitioner. Also heard Mr. K.K. Parasar, the learned Additional Public Prosecutor appearing for the State of Assam. Page No.# 2/4 2. This application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has been filed by the petitioner, namely, Md. Monir Uddin, who is apprehending his arrest in connection with Bongaigaon P.S. Case No. 40/2025, under Sections 61(2)/303(2)/317(4)/317(2) of the BNS Act, 2023 read with Section 23 of the Petroleum Act. 3. The gist of accusation in this case is that on 12.02.2025, one Bhupen Rabha, ASI of Police had lodged an FIR before the Officer-in- Charge of Bongaigaon Police Station, inter alia, alleging that an information was received on that day that one Abed Ali has been selling stolen diesel from his house. On getting the information, when the VDP party proceeded to nab the culprits they escaped leaving behind one Scooty bearing Registration No.AS 26D6718 and one Bolero Pick-up van bearing Registration No.AS 26C7817. 4. On search of the said Bolero Pick-up van, 10(ten) numbers of empty plastic drums were found therefrom. Later on, from the house of Abed Ali, 7(seven) numbers of drums filled with diesel were recovered from there. 5. The learned counsel for the petitioner has submitted that the petitioner is in no way involved in the offence alleged in this case. 6. It is submitted by the learned counsel that the alleged offence occurred in Bongaigaon District whereas, the petitioner hails from Barpeta District. 7. He also submits that the petitioner received a notice under Section 35(3) of the BNSS, 2023 for appearing before the Investigating Page No.# 3/4 Officer on 07.06.2025, however, as on that day, it was Eid festival, he could not appear before the Investigating Officer and he sought leave for extension of time from the Investigating Officer. 8. The learned counsel for the petitioner submits that no extension of time was communicated to him, rather the police came to his house searching for him and therefore, he is apprehending that he may be arrested in connection with the above-noted case. 9. The learned counsel for the petitioner submits that the petitioner is ready to co-operate in the investigation. 10. On the other hand, the learned Additional Public Prosecutor has produced the Case Diary of Bongaigaon P.S. Case No. 40/2025 and has submitted that some of the witnesses, who have been examined by the Investigating Officer have implicated the present petitioner. 11. I have considered the submissions made by the learned counsel for both sides and have gone through the Case Diary. 12. Since the Investigating Officer had issued notice under Section 35(3) of the BNSS, 2023 and since the petitioner has defaulted in appearing before him, in pursuant to the said notice, he has a genuine apprehension of getting arrested. However, on perusal of the Case Diary, this Court is of the considered opinion that if the petitioner co-operates in the investigation, his custodial interrogation may not be necessary for fair completion of the investigation of Bongaigaon P.S. Case No. 40/2025. 13. In view of the above, this anticipatory bail application is disposed Page No.# 4/4 of with a direction to the petitioner to appear before the Investigating Officer of Bongaigaon P.S. Case No. 40/2025 within a period of 7(seven) 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 the aforesaid case, he shall be allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only)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, threat or promise to the informant or to any other person 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. 14. Send back the Case Diary. 15. This anticipatory bail application is accordingly disposed of. JUDGE Comparing Assistant