Page No.# 1/3 GAHC010185112024 2025:GAU-AS:1241 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2394/2024 TUSHAR BORA AND ANR S/O LATE MONU BORA R/O HAZARIKA APARTMENT, BLOCK-B, UZANBAZAR, P.S. LATASIL, GUWAHATI-781001, DIST. KAMRUP (METRO), ASSAM 2: YASHRAJ BORA S/O LATE MONU BORA R/O HAZARIKA APARTMENT BLOCK-B UZANBAZAR P.S. LATASIL GUWAHATI-781001 DIST. KAMRUP (METRO) ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S RAHMAN, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 06-02-2025 Heard Mr. S. Rahman, learned counsel for the petitioner Nos. 1. Tushar Page No.# 2/3 Bora and 2. Yashraj Bora, who have filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail in connection with Cyber Police Station Case No. 22/2024 corresponding to G.R. No. 5069/2024 under Section 468/420/406 of Indian Penal Code, 1860. 2. Heard Ms. N. Das, learned Additional Public Prosecutor, Assam for the respondent State. 3. In compliance to the order dated 09.01.2025 passed by a Coordinate Bench of this Court, the Investigating Officer, SI Dipankar Baruah has appeared and has apologized, stating that he was unable to forward the Case Diary as the Case diary was earlier forwarded to the Additional Sessions Judge, Kamrup (M), which was not returned from the Court and this led to delay in forwarding the Case Diary. 4. It is submitted on behalf of the petitioners that the petitioners have complied with the order of this Court 10.09.2024. They have appeared before the Investigating Officer and their statements have been recorded. The petitioners have not violated any bail conditions and they are entitled to bail. 5. Learned Additional Public Prosecutor has also submitted that there are indeed incriminating materials in the Case Diary against the petitioners but the petitioners have appeared before the Investigating Officer and their statements have been recorded. 6. I have scrutinized the Case Diary. 7. The FIR unfolds that one Bablu Das has cheated the informant, Md Rahit Ali. He duped the informant and induced him to hand over his passbook, Page No.# 3/3 cheque-book, ATM card etc. and, thereafter, funds belonging to the informant got transferred to the account of the accused named in the FIR. Through his FIR, the informant has also alleged that other people are also involved in the scam. 8. It is submitted on behalf of the petitioners that as Police have been searching for the petitioners, they are apprehending arrest in connection with this case. 9. It is also submitted that there is no direct allegation against the petitioners and the petitioners may be granted pre-arrest bail. 10. The petitioners have not violated any bail conditions. They have appeared before the Investigating Officer. It is submitted that the petitioners are willing to cooperate with the remaining part of the investigation. The petitioners are local residents and they are not flight risks. 11. Considering all aspects, the interim order dated 10.09.2024 is hereby made absolute under the same terms and conditions. 12. In terms of the above observation, this Anticipatory Bail application stands disposed of. 13. Send back the Case Diary. JUDGE Comparing Assistant