Page No.# 1/3 GAHC010148222024 2025:GAU-AS:149 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1938/2024 DHARANIDHAR DAS S/O SRI LATE HARI CHARAN DAS R/O HOUSE NO. 4, LAKHIMI NAGAR, MADHAB DEV PATH, HATIGAON, GUWAHATI, P.S. DISPUR, DIST. KAMRUP (METRO), ASSAM- 781006 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. B D KONWAR SR. ADV., MR H AGARWAL,MRS J M KONWAR,MR J SINGH Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 06.01.2025 Heard Mr. J Singh, learned counsel for the petitioner and Mr. M Phukan, learned Public Prosecutor, Assam for the State. 2. Apprehending his arrest, the petitioner, namely, Mr. Dharanidhar Das, son of late Hari Charan Das, resident of village – Lakhimi Nagar, Madhab Dev Path, Hatigaon, Police Station- Dispur, District-Kamrup(Metro) has filed this application under Section 482 of the BNSS, 2023, praying for his pre-arrest bail in Vigilance Police Station Case No. 03/2022 registered under Sections 13(1)(e)/13(2) of the Prevention of Corruption Act, 1988. 3. Petitioner herein served under the Directorate of Rural Development, Assam and later served as Marketing Inspector of Assam State Agricultural Marketing Board and in his last part of service, the petitioner served as Assistant Secretary of Morigaon DRMC from where he retired on superannuation on 29.02.2024. 4. As per the FIR of the case dated 06.08.2022 of Vigilance Police Station Case No. 03/2022, the petitioner accumulated huge property during his service career disproportionate to his income. 5. Earlier by order dated 16.08.2024, the Court granted interim bail to the petitioner in said Vigilance P.S. Case No. 03/2022, which is in force till date. 6. Mr. M Phukan, learned Public Prosecutor, Assam, on specific instruction of the concerned Investigating Officer of the case has submitted that pursuant to the interim order dated 16.08.2024, the petitioner appeared before the concerned I.O. of the case and is cooperating with the investigation of the case. 7. Mr. M Phukan, learned PP, Assam, further, on specific instruction of the I.O. of the case has also submitted that custodial detention of the petitioner is not warranted for investigation of said Vigilance P.S. case. 8. Considering the above, this Court is of the opinion that custodial detention of the Page No.# 3/3 petitioner is not warranted to investigate said Vigilance P.S. Case No. 03/2022, as the petitioner is co-operating with the investigation of the said case. 9. Accordingly, interim bail granted to the petitioner, Mr. Dharanidhar Das, in said Vigilance P.S. Case No. 03/2022 by order dated 16.08.2024 passed earlier in the present proceeding is hereby made absolute, subject to the compliance of the terms and conditions as specified in the said order dated 16.08.2024 and on compliance of the condition that the petitioner shall deposit his passport, if any, before the Investigating Officer of said Vigilance P.S. Case No. 03/2022 on or before 10.01.2025, obtaining necessary acknowledgment in that regard, if not surrendered earlier. 10. Violation of the aforementioned terms and condition as well as violation of any of the terms and conditions as specified in the order dated 16.08.2024, noted above, the pre-arrest bail granted to the petitioner, named above, in said Vigilance P.S. Case No. 03/2022 shall stand automatically vacated. 11. This pre-arrest bail application accordingly stands disposed of. 12. Return the case diary. JUDGE Comparing Assistant