Page No.# 1/4 GAHC010150942025 2025:GAU-AS:10403 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1605/2025 SANKAR KUMAR BHOWMICK S/O- LATE TARINI KANTA BHOWMIK. R/O- VILL.-NO.1, SUPARIGURI, P.S.- BONGAIGAON, P.O.-BONGAIGAON, DIST.- BONGAIGAON, ASSAM, PIN-783390. VERSUS THE STATE OF ASSAM REPRESENTED BY THE LD. PP, ASSAM. Advocate for the Petitioner : MS. T SOM, MR. H. DAS,MS. B. DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 05.08.2025 1. Heard Ms. T Som, learned counsel for the petitioner. Also heard Mr. K.K Parashar, learned Additional Public Prosecutor for the State of Assam who prays for some more time for producing the Case Diary. 2. This application under Section 482 of BNSS, 2023 has Page No.# 2/4 been filed by the petitioner Sri. Sankar Kumar Bhowmick who is apprehending his arrest in connection with CID P.S. Case No. 04/2025, under Section 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 Sri. Bhaskar Jyoti Sarma, Chief Engineer, Water Resource Department, Assam, had lodged an FIR before Additional Director General of Police, inter alia, alleging that a fake appointment letter containing the forged signatures of the informant was circulated by some of the miscreants to various divisions under Water Resource Department, Assam. 4. Ms. T Som, learned counsel for the petitioner submits that the petitioner had received a notice under Section 35(3) of BNSS, 2023, directing him to appear before the Investigating Officer, in connection with the aforeasaid case on 28.07.2025. However, he received the notice after the lapse of the same date and therefore, he could not appear before the Investigating Officer. He now apprehends that if he appears now, he may be arrested in connection with the aforesaid case. 5. Learned counsel for the petitioner also submits that the petitioner is, in fact, a victim as he has been duped by one Sri. Ranjan Pegu, who is also one of the accused in this case of providing job of the fourth grade employees/Worked Charged employees/Muster Roll worker in Water Resource Department, Assam. He submits that the petitioner had collected money Page No.# 3/4 from his associates/relatives/employees and paid the same to the co-accused Ranjan Pegu on an assurance of getting the job in Water Resource Department, Assam. However, later on, it was found that fake appointment letters were issued. Learned counsel for the petitioner also submits that as the notice under Section 35(3) of BNSS, 2023, has been issued to the petitioner, it indicates that the Investigating Agency did not require custodial interrogation of the petitioner and he is ready to cooperate with the investigation. 6. On the other hand, Mr. K.K Parashar, learned Additional Public Prosecutor for the State of Assam has produced the Case Diary of CID P.S Case No. 04/2025 and has vehemently opposed the grant Anticipatory Bail to the petitioner, at this stage. He submits that there are materials in the Case Diary to indicate that it was the present petitioner who had circulated fake letter as mentioned in the FIR, through WhatsApp to various persons. He also submits that there are also materials which indicate that the present petitioner collected money from prospective candidates on pretext of offering job of fourth grade employees/Worked Charged employees/Muster Roll worker in Water Resource Department, Assam. He did so in connivance with the other co-accused, namely, Sri. Ranjan Pegu who has already been arrested. 7. I have considered the submissions made by learned counsel for both sides and have gone through the Case Diary of CID P.S Case No. 04/2025. Though the petitioner has Page No.# 4/4 claimed that he is one of the victim who has been duped by co-accused Sri. Ranjan Pegu, however, on perusal of the Case Diary it appears that the present petitioner had worked as linkman between the accused persons who took money on the pretext of offering jobs in the Water Resource Department, Assam. It also appears from the Case Diary that there are materials which indicate that the petitioner was given a share of the money collected by the prospective candidate and it was he who had provided the fake joining and rejoining letters of the Water Resource Department, Assam to the co-accused person Sri. Ranjan Pegu. 8. Considering the incriminating materials against the petitioner available in the Case Diary, as well as, considering the nature of offence involved in this case, this Court is of the opinion that this is not a fit case to grant Anticipatory Bail to the above named petitioner in the aforesaid case, at this stage. 9. The prayer for Anticipatory Bail is, accordingly, dismissed. 10. Send back the Case Diary. JUDGE Comparing Assistant