Page No.# 1/3 GAHC010189532025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2054/2025 DHARANI KANTA NATH SON OF DUTIRAM NATH R/O VILL- NIZBORSALA P.S. DHEKIAJULI P.O. BORSALA, DIST. SONITPUR, ASSAM, PIN-784117 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. S C BISWAS, MS. R DEVI,P SHARMA,MR. A K DAS,MS. J GHOSH,MR. P S BISWAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 09.09.2025 Heard Mr. S.C. Biswas, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State. 2. By this application, the petitioner has prayed for pre-arrest bail in connection with Crime Branch P.S Case No. 01/2025 registered under Section 316(2)/318(2)/319(2)/336(3)/351(2)/61(2) of BNS, 2023. Page No.# 2/3 3. The F.I.R dated 22.04.2025, reveals that one Samar Jyoti Das had taken money from various persons with the promise that he would secure employment for them and then cheated them. 4. Mr. S.C. Biswas, learned counsel for the petitioner submits that although the petitioner, in fact, is a victim; however, a notice was served upon him under Section 35(3) of the BNSS, 2023 and also that the police had called him for interrogation and as such, he submits that he has apprehension that he may be arrested. 5. The petitioner herein was granted interim anticipatory bail with conditions. 6. It is submitted that pursuant thereof, the petitioner appeared before the investigating officer and his statement has been recorded. The case diary as called for has been received. The learned additional public prosecutor, Mr. K. Baishya, submits that though the petitioner initially appeared to be a victim, but investigation has implicated him and revealed his complicity in the alleged offences. 7. It is submitted that though investigation has progressed, but the same is not yet completed. The voluminous case diary has been placed before the court and I have perused the relevant portions thereof. The statements of several witnesses have been recorded before learned J.M.F.C. The witnesses have implicated the present petitioner as well about being involved in this alleged racket of taking money from people with false promise of giving them jobs in the water resources department. 8. One witness has stated about taking loan to give such money. Another witness has stated about giving Rs. 5 lakhs to the petitioner. Page No.# 3/3 9. Yet another witness has stated about giving more than Rs. 3 lakhs to the present petitioner. From the statements of some of the witnesses, it is revealed that they arranged the money with considerable difficulty with one of them stating that he took a loan to arrange funds for the same. 10. Some of these witnesses have stated on similar lines in their statements recorded by police during investigation. The investigation materials have stated about involvement of the present petitioner as well in the alleged illegal activities of collecting money from persons with promise to give jobs in the same department which however did not materialize. The allegations in the FIR are undoubtedly of a serious nature considering the magnitude of unemployment in this country. 11. Moreover, the investigation has revealed materials which prima facie and if accepted as true reveal the significant involvement of the present petitioner in the alleged illegal activities. In the said situation, I am of the considered view that the investigating officer should be left free to fully investigate the case and unearth the full facts behind the alleged offences without the impediment of any anticipatory bail. Accordingly, the interim anticipatory bail granted to the petitioner on 28-08-2025 stands vacated and the instant petition for anticipatory bail stands rejected at this stage. 12. Send back the case diary. JUDGE Comparing Assistant