Page No.# 1/3 GAHC010173782024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2251/2024 ISMAIL HUSSAIN S/O MOTIOR RAHMAN R/O VILL TARANGAPUR P.O. AND P.S. LAKHIPUR DIST. GOALPARA, ASSAM PIN-78329 PH. 8638164082 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M ALI, MR J. ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 22.01.2025 Heard Mr. M. Ali, learned counsel for the applicant and Mr. B. Sarma, learned Additional Public Prosecutor for the State respondent. 2. This application under Section 482 of the Bharatiya Nagarik Suraksha Page No.# 2/3 (BNSS),2023 is preferred by applicant, namely, Ismail Hussain, who has been apprehending arrest in connection with Lakhipur P.S. Case No.211/2024, registered under Sections 468/469/471/420 of IPC, for grant of pre-arrest bail. 3. It is to be noted here that, above noted case has been registered on the basis of one FIR lodged by one Jahirul Islam, on 13.08.2024. The essence of allegations in the FIR against the applicant is that he gave a loan of Rs. 2,00,000/- to the informant for medical coaching of his son and as a security, he kept the ATM Card and Cheque Book of the informant and after some days, due to some reasons the accused returned the ATM Card to the informant. Later on, the informant has repaid the loan in 12 installments. But, even after repayment of the said amount, he did not return the Cheque Book, rather, he said that he had provided the loan for interest and unless he received the principal amount along with the interest, he will not return the same. Thereafter, he, by forging the signature of the informant, had tried to misappropriate a sum of Rs. 9,05,000/- from the State Bank of India, Lakhipur Branch. 4. The learned counsel for the applicant submits that vide order dated 29.08.2024, this Court was pleased to grant the privilege of interim pre-arrest bail to the applicant and pursuant to said order he had appeared before the IO and Co-operating with the investigating agency and, therefore, it is contended to make the interim order dated 29.08.2024, absolute in the said terms and conditions. 5. On the other hand, Mr. B. Sarma, learned Additional Public Prosecutor submit that he has received the case dairy and also instruction from the IO concerned that after granting of the privilege of pre-arrest bail vide order dated 29.08.2024, the applicant has appeared before the IO and extending co- operation with the investigating agency. Page No.# 3/3 6. In that view of the matter, the custodial interrogation of the applicant seems to be not warranted here in this case and therefore, this Court is inclined to make the interim order dated 29.08.2024, absolute in the said terms and conditions. 7. In terms of above, this anticipatory bail application stands disposed of. 8. Case diary shall be retained. JUDGE Comparing Assistant