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2025 DAILYLAW 15618 (GAU)

JAAN MONI NATH v. THE STATE OF ARUNACHAL PRADESH

AB/1579/2025 · 2025-07-09

Mridul Kumar Kalita

Transfer Petitionbody2025

Judgment text

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Page No.# 1/4 GAHC010149542025 2025:GAU-AS:8892 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1579/2025 JAAN MONI NATH SON OF SRI PHANIDHAR NATH R/O VILL- LIKHAK GAON, P.O. PITHAKHOWA, P.S. TEZPUR, DIST. SONITPUR, ASSAM. VERSUS THE STATE OF ARUNACHAL PRADESH REPRESENTED BY THE PUBLIC PROSECUTOR, ARUNACHAL PRADESH. Advocate for the Petitioner : MR. B D GOSWAMI, MR D R SAIKIA Advocate for the Respondent : PP, A P, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 10.07.2025 1. Heard Mr. B.D. Goswami, the learned counsel for the petitioner. Also heard Mr. A. Chandan, the learned Public Prosecutor appearing for the State of Arunachal Pradesh. 2. This application under Section 482 of Bharatiya Nagarik Suraksha Page No.# 2/4 Sanhita, 2023 (BNSS) has been filed by the petitioner, namely, Sri Jaan Moni Nath, who is apprehending his arrest in connection Itanagar P.S. Case No. 76/2025, under Sections 408/120B of the Indian Penal Code, 1860. 3. The gist of accusation in this case is that on 08.05.2025, one Sri Karka Gadi (owner of M/s G.G. Consumer Goods) had lodged an FIR before the Officer-In-Charge of Itanagar Police Station, inter alia, alleging that one Sri Padma Borah, who was working as Manager of the firm, namely, M/s G.G. Consumer Goods had made financial irregulariteis and misappropriated an amount of Rs. 1,69,13,852/-(Rupees One Crore Sixty Nine Lakhs Thirteen Thousand Eight Hundred Fifty-Two only). 4. The learned counsel for the petitioner has submitted that the petitioner is only a daily wage labour, whose savings bank account has been used by the main accused on 17(seventeen) occassions for transferring money to his bank and thereafter, the same was again transferred to the account of Sri Padma Borah. 5. The learned counsel for the petitioner submits that the petitioner is not named in the FIR and he is in no way involved in the offence alleged in this case, except for the fact that his savings bank account was used by the main accused. 6. He submits that the petitioner is ready to co-operate in the investigation. However, the notice issued to him under Section 35 (3) of BNSS has directed him to appear before the Investigating Officer today at 11:00 AM, which he could not comply with and hence, he apprehends that Page No.# 3/4 if he appears now without any protection, he may be arrested. 7. The learned counsel for the petitioner has submitted that the petitioner is ready to cooperate in the investigation and he may be allowed some more time to appear before the Investigating Officer. 8. On the other hand, the learned Public Prosecutor submits that if the petitioner co-operates in the investigation and appears before the Investigating Officer, he does not have any objection to the prayer made by him. 9. In view of the submissions made by the learned counsel for both the sides, this anticipatory bail application is disposed of with a direction to the above-named petitioner to appear before the Investigating Officer of Itanagar P.S. Case No. 76/2025, within a period of 10(ten) 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 above-noted case, he shall be allowed to go on bail of Rs. 30,000/-(Rupees Thirty Thousand) with a suitable surety of like amount, subject to the satisfaction of the arresting authority with following conditions that:- (i) the petitioner shall appear before the Investigating Police Officer within 10(ten) days from the date of this order and shall co- operate with 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. Page No.# 4/4 10. This anticipatory bail application is accordingly disposed of. JUDGE Comparing Assistant