Page No.# 1/3 GAHC010189352025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2114/2025 KHAIRUL ISLAM @ RAHUL S/O- SHUKUR ALI. R/O- VILL.- RESERVE GAON, ISLAMPUR GAON SONAPUR, P.S.- BIHPURIA, DIST.- LAKHIMPUR, ASSAM, PIN - 787054. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 02.09.2025 1. Heard Mr. B. Chowdhury, 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, Khairul Islam @ Rahul, who is apprehending his arrest in Page No.# 2/3 connection with the Bihpuria Police Station Case No. 107/2025 under Sections 318(4)/316(2)/3(5) of the BNS, 2023. 3. The gist of accusation in this case is that one Ram Kumar on 24.05.2025, had lodged an FIR before the Officer-in-Charge of Bihpuria Police Station, inter alia, alleging that one Raju Ali was given Rs. 60,000/- by the informant for treatment of his mother with a promise to return back the same within 3(three) months. However, the same was not done. Instead he was given assurance that he would give some gold items which he missed there and realized the money, and he was asked to do earlier investigation. However, on the said date, the said Raju Ali and his associate Rahul Ali did not turn. 4. The learned counsel for the petitioner is in no ways involved in the offence alleged in the FIR. 5. He submits that the main accused in this case who has already been granted by this court on 06.08.2025 in AB Case No. 1582/2025 have given the phone number of the petitioner to the informant of this case without his knowledge. 6. It is submitted by the learned counsel for the petitioner that the dispute in this case is between the informant and Raju Ali@ Shahjahan Ahmed, however the petitioner is apprehending his arrest as mentioned about his mobile number is there in the FIR. 7. The learned counsel for the petitioner submits that the petitioner is ready to cooperate in the investigation. 8. I have considered the submissions made by the learned counsel for both sides and have gone through the materials on record. 9. It appears that the main accused of this case namely, Raju Ali@ Shahjahan Ahmed had already granted bail by this Court on 06.08.2025 in AB Page No.# 3/3 case No. 1585/2025 as no accusation has been made against the present petitioner apart from mentioning of his mobile number in the FIR by the informant, this Court is of considered opinion that if the present petitioner cooperates in the investigation, his custodial interrogation may not be necessary for fair completion of the investigation of Bihpuria Police Station Case No. 172/2025. 10. In view of the above, the above named-petitioner is directed to appears before the Investigating Officer of Bihpuria Police Station Case No. 107/2025 within a period of seven 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 Bihpuria Police Station Case No. 107/2025, 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. 11. With the above observations, this anticipatory bail application is disposed of. JUDGE Comparing Assistant