Page No.# 1/3 GAHC010152522025 2025:GAU-AS:11070 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1640/2025 AJIJUR RAHMAN S/O- NASIR UDDIN, VILL- BORBHETI, P.S- NAGAON SADAR, P.O- KACHAMARI, PIN-782002, NAGAON, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. J AHMED, MR. R ISLAM,H G DAISY,R BEGUM,MS A HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R 20.08.2025 Heard Mr. J. Ahmed,, learned counsel for the petitioner. Also heard Mr. B. Page No.# 2/3 Sarma, learned Additional Public Prosecutor appearing for the State respondent. 2. This is an application under Section 482 BNSS, 2023, praying for grant of pre-arrest bail to the accused/petitioner, namely, Ajijur Rahman, who is apprehending arrest in connection with Bongaigaon P.S. Case No.163/2025 under Sections 318(2), 112 of the BNS, 2023. 3. The case diary as called for, has been received and I have perused the same. 4. It is submitted by the learned counsel for the petitioner, Mr. J. Ahmed, that the present petitioner is innocent and he is no way connected in the alleged offence. He further submitted that two mobile numbers which were mentioned in the FIR also does not belong to him. The petitioner is a student of BA 3rd Semester and he is not at all involved in the said offence, however, the police is searching for him and for which, he had to appear before this Court with a prayer for anticipatory bail. Thereafter, obtaining the order of pre-arrest bail dated 19.07.2025, the petitioner had appeared before the I/O and cooperated with the investigation and his statement is also recorded during investigation. Apart from that, his mobile handset was also seized by police. The petitioner is still ready and willing to cooperate with the I/O for further investigation of this case, if he is granted with the privilege of pre-arrest bail. 5. In this regard, Mr. B. Sarma, learned Additional Public Prosecutor has submitted that the accused/petitioner is the mastermind of the entire crime and he used to sell the lottery tickets through online and also asked to co-accused to sell the lottery tickets. On examination of the accused mobile, sufficient incriminating digital materials were also recovered by police during investigation. Accordingly, he submits that it is not a fit case to extent the Page No.# 3/3 privilege of pre-arrest bail granted to the present accused/petitioner, as further custodial interrogation may be required for the purpose of investigation. 6. Hearing the submissions made by the learned counsel for the parties and I have also perused the case diary as well as the note given by the I/O. 7. It is admitted fact that after obtaining the pre-arrest bail, the accused/petitioner appeared before the I/O and his statement is also recorded. Further, from the materials available in the case diary, it is seen that the present accused petitione is the mastermind of the entire crime, who used the facebook post typed with AXOM Botora to advertise the scheme and on examination of his mobile also incriminating digital evidence was recovered including the images of fake lottery tickets. He also used the QR Code for online transactions. Thus, it is seen that the present petitioner is the prime accused of the entire crime, who engaged the other accused persons in selling those tickets through online and offline modes. 8. Considering all the above circumstances of this case, nature of offence alleged which has been committed by the present accused/petitioner, I find that his custodial interrogation may be required for the purpose of investigation and accordingly, I do not find it is a fit case to extent the privilege of pre-arrest bail to the present petitioner and hence, the order of interim pre-arrest bail dated 19.07.2025 stands vacated. 9. In terms of above, this anticipatory bail application stands disposed of. 10. The case diary be sent back. JUDGE Comparing Assistant