Page No.# 1/4 GAHC010141572025 2025:GAU-AS:9168 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1479/2025 DIMBESWAR CHUTIA S/O- HEMKANTA CHUTIA, VILL- DEMO HINDU GAON, P.S- SILAPATHAR, DIST- DHEMAJI VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR S BORTHAKUR, MR. D CHUTIA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 16-07-2025 Heard Mr. S. Borthakur, the learned counsel for the petitioner. Also heard Mr. P.S. Lahakar, the learned Additional Public Prosecutor appearing on behalf of State respondent. Page No.# 2/4 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 Silapathar P.S. Case No. 130/2025 u/s 61(2)/318(4)/316(5) of Bharatiya Nyaya Sanhita (BNS), 2023. 3. Case Diary is received. Perused the same. 4. It is submitted by Mr. Borthakur that the present accused/petitioner is no way connected with the alleged offence. His name is shown in the FIR as the husband of the accused No. 1 Smt. Jinti Buragohain Chutia who is working as a Bank Mitra of Gramin Bikash Bank, Dimow Chariali Branch. As he is not an employee of the Bank, Section 316(5) BNSS does not attract against the present petitioner. Further he submitted that one 35(3) BNSS notice was issued to him asking him to appear before the learned Trial Court below but as the case is also registered u/s 316(5) of the BNSS, he has the apprehension of being arrested in connection with the case for which only he approached this Court with the present application seeking for anticipatory bail. However, he is ready and willing to co-operate with the I/O in further investigation of the case, if he is granted with the privilege of pre-arrest bail. 5. Mr. Borthakur further submitted that the purpose of issuing notice u/s 35(3) BNSS itself reveals that the arrest may not be required for the present accused/person. 6. Mr. Lahakar, the learned Additional Public Prosecutor submitted in this regard that from the materials available in the Case Diary, it is seen that the present petitioner is also involved in the alleged offence and some of the customers also used to deposit money in his hand which are to be deposited in Page No.# 3/4 the Bank. Further, he submitted that it is a fact that the present accused/petitioner is not a Bank employee but in connivance with his wife he had misappropriated the money. 7. Considering the entire submissions made by learned counsel for both sides, I have also perused the Case Diary and considering the materials available in the Case Diary and other aspects of the matter, I find it a fit case to extend the privilege of pre-arrest bail to the present petitioner with a direction to appear before the I/O to cooperate in the investigation as and when his cooperation will be needed. 8. Accordingly, it is provided that in the event of arrest of the accused/petitioner, namely, Sri Dimbeswar Chutia in connection with Silapathar P.S. Case No. 130/2025 under Sections 61(2)/318(4)/316(5) of Bharatiya Nyaya Sanhita (BNS), 2023, he shall be enlarged on pre-arrest bail on his executing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the arresting authority, subject to the following conditions:- (i) that the petitioner shall make himself available for interrogation by the Investigating Officer within 7(seven) days; (ii) that the petitioner shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. case; and (iii) that the petitioner shall not, directly or indirectly, make any Page No.# 4/4 inducement, threaten or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. 9. The anticipatory bail application stands disposed of. 10. Send back the Case Diary. JUDGE Comparing Assistant