Page No.# 1/4 GAHC010226102025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2435/2025 MR GAYAZ SON OF BASHEER AHANNED, RESIDENT OF ARASU MAKKALA STREET, KOTE, KADUR CHICKMAGALUR, KARNATAKA -577548, BUSINESS ADDRESS- M/S AAINA TRADERS, 197/7 GROUND, MUDIYAPPA BADAVANE, PATTANAGERE ROAD, KADUR, CHIKKAMAGALURU, KARNATAKA-577548. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. J I BORBHUIYA, MR. L MOHAN,MRS. K H CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 14.10.2025 Heard Mr. J. I. Barbhuiya, learned counsel appearing on behalf of the accused- applicant. Also heard Mr. M. P. Goswami, learned Addl. P.P., representing the State respondent. Page No.# 2/4 2. This is an application filed under Section 482 of the BNSS, 2023, filed by the accused-applicant, namely, Mr. Gayaz, for granting pre-arrest bail in connection with Kharupetia P.S. Case No. 143/2024, registered under Sections 402/406 of the IPC. 3. The facts as have been narrated in the FIR are that the accused-applicant is a businessman having proprietorship concern in the name and style, M/s Aaina Traders, located at Mudiyappa Badavane, Pattanegere Roadkadur, Chikkamagaluru, Karnataka. It has been alleged in the FIR that aforesaid M/s Aaina Traders had purchased Areca Nuts from the informant for an amount of Rs. 59,16,750/-, including the GST. It has been alleged that though the consignment was sent by the informant to the aforesaid M/s Aaina Traders and majority of the payment has been made to the informant, an amount of Rs. 7,16,750/- is yet to be paid. It has been further alleged that in spite of repeated requests, the aforesaid amount was not paid by the accused-applicant till date. In view of the aforesaid, the informant has filed the aforementioned FIR before the Officer In- charge Kharupetia Police Station, Kharupetia for proper action against the accused person. 4. The learned counsel for the accused-applicant submits that the issue involved in the instant so called dispute is purely of civil nature without having any criminal element. He submits that though the consignment was received by the accused- applicant, there are certain issues relating to a part of the consignment, as a part of the consignment was found to be damaged and therefore, the accused-applicant had requested the informant to replace the same before the full payment is made by him, however, the same is not carried out by the informant, till date. 5. The learned Addl. P.P. submits that in the instant matter, the Case Diary may be required to be perused by this Court before granting of pre-arrest bail to the accused- applicant. 6. This Court has heard the submissions made by the counsels appearing for the respective parties. Page No.# 3/4 7. In the considered view of this Court, the instant issue apparently seems to be an issue of civil nature, concerning an oral contract, whereby, the consignment was sent to the accused-applicant and subsequently, payment was made to the informant by the accused-applicant. This Court does not find any issue involving any criminal element in the instant case, moreover, it has been submitted that the accused-applicant has also paid an amount of Rs. 2,81,000/- in addition to other payments which is lying with the GST Authority. Therefore, the only payment remaining to be paid is 4,30,000/-, which could be cleared at any time when the damaged Areca Nuts are replaced by the informant. 8. Looking into the entire issue in hand, this Court is of the considered view that this is a fit case wherein, the accused-applicant should be allowed the privilege of pre-arrest bail. Accordingly, this Court directs that in the event of arrest of the accused-applicant, the accused-applicant shall be allowed to go on pre-arrest bail, on his appearance before the Investigating Authority, furnishing a bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with one surety of the like amount to the satisfaction of the Investigating Officer. 9. Accordingly, the instant anticipatory bail application stands allowed, subject to the following conditions: - 1. The accused-applicant must appear before the Investigating Authority within a period of 15(fifteen) days of passing of the order and in the event on non- appearance by the accused-applicant within such period, the pre-arrest bail shall be deemed cancelled. 2. The accused-applicant shall co-operate with the investigation and shall make himself available for interrogation by the Investigating Officer as and when required. 3. The accused-applicant shall not hamper or tamper with the prosecution evidence in any manner, whatsoever. 10. In view of the above, the present anticipatory bail application is disposed of as Page No.# 4/4 allowed. JUDGE Comparing Assistant