Page No.# 1/3 GAHC010212612024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2732/2024 GOPAL MOHAN MISHRA AND 2 ORS S/O RAJEEV KUMAR MISHRA R/O VILL-MANDULI P.O.LANKA P.S. LANKA DIST. HOJAI, ASSAM PIN NO. 782446 2: RAJIT KUMAR S/O MUKESH KUMAR R/O VILL- MANDULI P.O. KHARIKHANA P.S. LANKA DIST. HOJAI ASSAM PIN NO. 782446 3: ABHISHEK KUMAR S/O MUKESH PRASAD SINGH R/O VILL- THAISUBALI P.O. KHARIKHANA P.S. LANKA DIST. HOJAI ASSAM PIN NO. 78244 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : F K R AHMED, M U BARBHUYAN,MRS. H THAKURIA Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 23.01.2025 Heard Mr. F.K.R. Ahmed, learned counsel for the applicants and Mr. K.K. Parasar, learned Additional Public Prosecutor for the State respondent. 2. Apprehending arrest in connection with Lanka P.S. Case No. 225/2024, under Sections 336(2)/318(4)/340(2)/61(2) of the B.N.S., this application under Section 482 of the B.N.S.S., is preferred by applicants namely, Gopal Mohan Mishra; Rajit Kumar; and Abhishek Kumar for grant of pre-arrest bail. 3. It is to be noted here that the said case was registered on the basis of an F.I.R. lodged by S.I. Sanjib Kumar Singha, on 16.07.2024. The essence of allegations made in the F.I.R. against the applicants is that they have submitted forged Voter IDs and other documents to get employment in Central Armed Paramilitary Forces (C.A.P.F.). 4. Mr. Ahmed, learned counsel for the applicants submits that this court was pleased to grant interim protection to the applicants, vide order dated 08.10.2024, and pursuant to the said order, the applicants have appeared before the I.O. and their statements are recorded. Mr. Ahmed further submits that one police verification was conducted and the said report is enclosed with the petition, as Annexure – B, at Page No. 16, which indicates that Gopal Mohan Mishra has not any criminal antecedent. Mr. Ahmed referring to the order of Judicial Magistrate First Class, Hojai, dated 22.07.2024, submits that Rajit Kumar and Abhishek Kumar have also not any criminal antecedents. Under such circumstances, Mr. Ahmed has contended to make the interim order dated 08.10.2024, absolute in the same terms and conditions. 5. On the other hand, Mr. Parasar, learned Additional Public Prosecutor by producing the case diary before this court, submits that the applicants have appeared before the I.O. and their statements are recorded and that the investigation is still going on. However, Mr. Parasar referring to the F.I.R. dated 16.07.2024, submits that the Page No.# 3/3 preliminary inquiry report indicates that the applicants have adhered to dubious means and used forged Voter IDs and other documents to get employment in Government sector. But, to a pointed query of this court Mr. Parasar submits that communication between the I.O. and the parent department of the applicants is going on in respect of documents submitted by the applicants at the time of their appointments. 6. Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition as well as the documents placed on record and also perused the case diary with the assistance of learned Additional Public Prosecutor. 7. It appears that this court was pleased to grant interim protection to the applicants, vide order dated 08.10.2024, and pursuant to the said order, the applicants have appeared before the I.O. and their statements are also recorded. It further appears that the investigation is still going on and in view of the cooperation being extended by the applicants with the investigating agency, this court is of the view that in the interest of investigation their custodial interrogation seems to be unwarranted here in this case. Therefore, this court is inclined to make the interim order dated 08.10.2024, absolute in the same terms and condition. 8. In terms of above this A.B. stands disposed of. 9. The case diary be returned. JUDGE Comparing Assistant