Page No.# 1/5 GAHC010147892025 2025:GAU-AS:9675 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1567/2025 HEMANTA KONWAR AND ORS S/O- LATE PRAFULLA KONWAR. R/O- HANCHARA, P.S.- DHEMAJI, P.O.-DHEMAJI. DIST.- DHEMAJI, ASSAM, PIN-787057. 2: SHUNTI DAS S/O- ROHILAL ROBI DAS. R/O- LAHORIGHAT P.O. AND P.S.- LAHORIGHAT DIST.- MORIGAON ASSAM PIN-782127. 3: LOHIT CH. SARKAR S/O- BALENDRA SARKAR. R/O- BARSHAN GAON PART-II P.S.-BONGAIGAON P.O.- BARPARA PIN-783380. 4: DILIP DHELA. S/O- SONWAL DHELA. R/O- TOPIA GAON P.S.- JAMUGURIHAT DIST.- SONITPUR ASSAM PIN-789182. 5: KAUSTAV MONI SUTRADHAR S/O- RABEN SUTRADHAR. R/O- SIPANSILA PART-II P.S.- BONGAIGAON Page No.# 2/5 P.O.- BARPARA DIST.- BONGAIGAON ASSAM PIN-783380. 6: JAINUR AHMED S/O- LATE TAHER ALI. R/O- JAPORIGOG GUWAHATI. P.S.- DISPUR P.O.- DISPUR DIST.- KAMRUP(M) PIN-781005 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MS. T SOM, MS. S. SUT,MS. B. DAS,MS. U HAZARIKA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 24.07.2025 1. Heard Ms. T. Som, the learned counsel for the petitioners. Also heard Mr. K.K. Parasar, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has been filed by the petitioners, namely,(1) Hemanta Konwar, (2) Shunti Das, (3)Lohit Ch. Sarkar,(4) Dilip Dhela, (5)Kaustav Moni Sutradhar and (6) Jainur Ahmed, who are apprehending Page No.# 3/5 their arrest in connection with CID P.S. Case No. 04/2025, under Sections 61(2)/318(4)/336(3)/340(2) of BNS, 2023. 3. The gist of accusation in this case is that on 10.02.2025, one Bhaskar Jyoti Sarmah had lodged an FIR before the Additional Director General of Police, Criminal Investigation Department (CID), inter alia, alleging that certain miscreants are circulating a fake letter with forged signatures of the first informant to various divisions under the Water Resources Department. 4. The learned counsel for the petitioners has submitted that amongst the above-named petitioners, the petitioner No. 2 namely, Shunti Das has already been arrested and therefore, this anticipatory bail in respect of the said petitioner has become infructuous. 5. The learned counsel for the petitioners has submitted that the petitioners have been called by the Investigating Officer of CID P.S. to appear before the police station on different dates on which they have failed to appear before the Investigating Officer. She submits that as they defaulted in appearing before the Investigating Officer, they are apprehending that they may be arrested, if they now appear before the Investigating Officer. 6. The learned counsel for the petitioners has submitted that the offences involved in this case entails maximum punishment of 7(seven) years, which requires issuance of notice under Section 35(3) of the BNSS, 2023. However, in this case the petitioners have not received any such notice. She also submits that the petitioners are ready to co-operate in the Page No.# 4/5 investigation, therefore, they may be allowed to go on anticipatory bail. 7. On the other hand, the learned Additional Public Prosecutor has opposed the grant of anticipatorybail to the petitioners at this stage. The learned Additional Public Prosecutor has also submitted that from the Case Diary, it appears that the petitioners have paid money to one of the prime accused, namely, Ranjan Pegu for getting appointment as Muster Roll/Work Charged employees in the Water Resources Department. 8. I have considered the submissions made by the learned counsel for both sides and have gone through the Case Diary of CID P.S. Case No. 04/2025. 9. On perusal of the Case Diary, it appears that at this stage, the incriminating materials against the above-named petitioners (except petitioner No.2), is that they also offered money (bribe) for being appointed as Muster Roll/Work Charged employees in the Water Resources Department. Though offering of bribe is an offence in itself under Prevention of Corruption Act, 1998, however, the materials on record at the present stage does not indicate about any role of the above-named petitioners in forging the signatures of the chief engineer of the Water Resources Department or circulating the fake appointment letters, they seem to fall in trap of the allurement given to them by the co-accused persons of offering them job in Water Resources Department in lieu of money. 10. 10. As the petitioners are ready to cooperate in the investigation, this Court is of the considered opinion that the above-named petitioners Page No.# 5/5 (except petitioner No. 2), Shunti Das is therefore, directed to appear before the Investigating Officer of CID P.S. Case No. 04/2025 within a period of 15(fifteen) days and co-operate in the investigation. If they do so within the stipulated period of time, in the event of their arrest in connection with the aforesaid case, they shall be allowed to go on bail of Rs.30,000/- each with a suitable surety of like amount, subject to the satisfaction of the arresting authority, with following conditions:- (i) the petitioners shall appear before the Investigating Police Officer within 15(fifteen) days from the date of this order and shall co-operate with the investigation; and (ii) the petitioners 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. 11. This anticipatory bail application is accordingly disposed of. 12. Send back the Case Diary. JUDGE Comparing Assistant