Page No.# 1/3 GAHC010173372025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1893/2025 ABDUL AKHER SHAH S/OLT. S AMSUL HOQUE SHAH VILL- BORO BAGHJHAPA P.S. SUKCHAR DIST. SOUTH SALMARA MANKACHAR, ASSAM, PIN-783128. VERSUS THE STATE OF ASSAM REP. BY THE PP,ASSAM Advocate for the Petitioner : MR. A Z AHMED, MR. A KHALEK Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 27.08.2025 Heard Mr. A. Z. Ahmed, learned counsel for the petitioner and Mr. D. P. Goswami, learned Addl. P.P., Assam for the State. By this application filed under Section 482 of the BNSS, 2023 the Page No.# 2/3 petitioner, viz., Abdul Salam Shah has prayed for pre-arrest bail in connection with Sukchar P.S. Case No.41/2025 registered under Sections 61(2)/318(4)/316(2) of the BNS. The F.I.R. dated 21.06.2025 reveals that one Abdul Salam Shah had sold the solar power plates to the informant and had taken Rs.1,61,000/- from the informant with the promise that he would give 32 numbers of solar plates within one week. However, the informant stated that the said Abdul Salam Shah had not given the solar power plates nor had given back the money and it was also stated that the said Abdul Salam Shah had threatened the informant. The name of the petitioner is not there in the F.I.R. It is seen from the record that notice under Section 35(3) of the BNSS was given to the petitioner. Mr. A. Z. Ahmed, learned counsel for the petitioner submits that in view of the said notice the petitioner had gone and given his statement before the police but later he was again called by the Police Officer in connection with the said case. Mr. D. P. Goswami, learned Addl. P.P., Assam submits on perusal of the Case Diary that witnesses have stated that the petitioner along with the said Abdul Salam Shah had taken money from the informant and had allegedly cheated him by not paying back the money and not giving the solar power plates. I have heard the learned counsel for the parties and have gone through the records. Page No.# 3/3 It is in admitted position of fact that the petitioner was not named in the F.I.R. but during the investigation his name surfaced that he along with the accused person named in the F.I.R. had allegedly cheated the informant as well as other persons. Further, vide order dated 07.08.2025 the petitioner was released on interim pre-arrest bail and in compliance of the conditions provided therein the petitioner had appeared before the Investigating Officer and his statement has been recorded by the I.O. In view of the above, the interim order for pre-arrest bail is hereby made absolute subject to the condition that the petitioner shall abide by the conditions incorporated in the order dated 07.08.2025. Bail Application stands disposed of. JUDGE Comparing Assistant