Page No.# 1/3 GAHC010211752024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2720/2024 ABID MAHAMMAD DIPTY ISLAM S/O SHAHIDUL ISLAM, R/O VILL- BECHIMARI, P.O.-KALGACHIA, P.S.- KALGACHIA, DIST- BARPETA, ASSAM, PIN-781319 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR A A DEWAN, MR H A RASHID Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER 27.01.2025 Heard Mr. A.A. Dewan, learned counsel for the petitioner. Also heard Ms. N. Das, learned Addl. P.P for the state. By filing this application u/s 482 of BNSS, 2023, the petitioner, namely, Abid Mahammad Dipty Islam, has sought for pre-arrest bail, who is apprehending Page No.# 2/3 arrest in connection with Manikpur PS Case No.170/2023 u/s 120 (B)/418/420 IPC R/W Section 66(D) of IT Act. It is alleged by the informant as per FIR that the accused person in connivance with some other conspirators opened the bank account of the informant and his two other friends of the same village and deposited huge amount in their account without their knowledge and subsequently the said amount have been withdrawn through ATM card. It is submitted by the learned counsel for the petitioner that the petitioner is a student pursuing his BCA course. He is no way connected with any kind of bank transaction with any person to defraud others by opening up the bank account in the HDFC bank as alleged in the FIR. It is further submitted that his name is not mentioned in the FIR. However, as the police used to visit his house in a frequent manner, as such he is apprehending arrest in connection with this case. In response, learned Addl. P.P has produced the case diary and has submitted that though he is not directly involved with the alleged offence, however, it is reflected from the case diary that the petitioner has nexus with the main accused Surat Jamal, who opened the bank account of the informant and committed the offence as alleged in the FIR. Hence, learned Addl. P.P has prayed for dismissal of the bail application. Having heard the learned counsel for the parties and on perusal of the case diary, it reflects that one Surat Jamal, is the main person who had committed the offence as alleged in the FIR. Investigation is still under progress. Whatever materials collected by the Investigating Officer till the period, this Court is of the view that custodial interrogation of the petitioner is not required for the purpose Page No.# 3/3 of the investigation of the case. Hence, this Court is inclined to grant bail to the petitioner. Accordingly, it is provided that in the event of arrest, the petitioner, named above, shall be released on bail, in connection with the above noted case on furnishing bail bond of Rs. 30,000/- with a suitable surety of the like amount, to the satisfaction of the arresting authority. The direction for pre-arrest bail is subject to the conditions that the petitioner: (a) shall appear before the Investigating Police Officer within 10 (ten) days from today and shall co-operate with the investigation; (b) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. The anticipatory bail application stands disposed of. Return the case diary. JUDGE Comparing Assistant