Page No.# 1/3 GAHC010180082025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1971/2025 AMIT TALUKDAR S/O AJIT TALUKDAR R/O SONAPUR GAON, SONAPUR,P.O. AND P.S. SONAPUR, DIST. KAMRUP (M), ASSAM, PIN- 782402. VERSUS THE STATE OF ASSAM REP BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MS. T SOM, MS. U HAZARIKA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 05.09.2025 1. Heard Mr. R. P. Sarma, the learned senior counsel assisted by Ms. B. Das, the learned counsel for the petitioner. Also heard Mr. K. K. Parasar, the learned Additional Public Prosecutor for the State respondent. 2. The application under Section 482 of BNSS, 2023, has been filed by the petitioner, namely, Amit Talukdar, who is apprehending his arrest in connection with the CID Police Station Case No. 04/2025 under Sections 61(2)/318(4)/336(3)/340(2) of BNS, 2023. Page No.# 2/3 3. The gist of accusation in this case is that on 10.02.2025, one Bhaskar Jyoti Sarmah had lodged an FIR before the Additional Director General of Police, Criminal Investigation Department (CID), inter alia, alleging that certain miscreants are circulating a fake letter with forged signatures of the first informant to various divisions under the Water Resources Department. 4. The petitioner has not been named in the FIR and in the meanwhile, many accused persons have been granted either anticipatory bail or regular bail by various courts. 5. He submits that petitioner is a driver by profession and police is searching for him in connection with this case. 6. He submits that the offenses involved in this case entails maximum punishment of up to 7 years only and therefore, it requires issuance of notice under Section 35 (3) of BNSS, 2023. However, the petitioner has not received any such notice. But the threat of getting arrest is there. 7. The learned senior counsel for the petitioner submits that the petitioner is ready to cooperate in the investigation. Therefore, he submits that he may be allowed to go on anticipatory bail. 8. On the other hand, the learned Additional Public Prosecutor has produced the case diary of CID Police Station Case No. 04/2025. He submits that in this case, the two groups of persons, one group led by Ranjan Pegu, another group led by Abu Hanif Chaudhary and Zakaria Ahmed took money from various persons on the pretext of giving them appointment as Muster Roll/Work Charged Employee in Water Resource Department. Though, he fairly submits that the petitioner is not the main culprit in this case. 9. I have considered the submission made by learned counsel for both sides. I have gone through the case diary of CID Police Station Case No. Page No.# 3/3 04/2025. 10. It appears that no notice under Section 35(3) of BNSS, 2023 has been issued to the petitioner though, the police is searching for him. It also appears that the petitioner is not the main accused in the case and considering the progress made in the investigation, this Court is of the opinion that if he cooperates in the investigation, his custodial detention may not be necessary. 11. Hence, in view of the discussion made in the foregoing paragraphs, the above-named petitioner is directed to appear before the Investigating Officer of CID Police Station Case No. 04/2025 within a period of ten days from the date of this order and cooperate in the investigation. If he does so within the stipulated period of time, in the event of his arrest in connection with the CID Police Station Case No. 04/2025, he shall be allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only) with one surety of like amount subject to the satisfaction of the arresting authority with the following conditions:- i. The petitioner shall co-operate in the investigation, ii. The petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to 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. 12. With the above observations, this anticipatory bail application is disposed of. JUDGE Comparing Assistant