Page No.# 1/4 GAHC010242842024 2025:GAU-AS:6434 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3039/2024 ABDUL LATIF SK S/O- JAHANUDDIN, VILL.- BANIAMARI, P.S. GOLAKGANJ, DIST. DHUBRI, ASSAM VERSUS CENTRAL BUREAU OF INVESTIGATION REPRESENTED BY DIRECTOR OF CBI, NEW DELHI. Advocate for the Petitioner : MR. S ISLAM, MR. D ROY,MR. K ISLAM,MR A RASHID,MR M CHETIA,MR T H HAZARIKA,MR A HAWARI Advocate for the Respondent : SC, CBI, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 21.05.2025 Heard Mr. T H Hazarika, learned counsel for the petitioner and Ms. M Kumari, learned Standing counsel, CBI for the respondent. 2. Apprehending his arrest, the petitioner, namely, Abdul Latif Sk, son of Jahanuddin, resident of village-Baniamari, Police Station-Golakganj, District-Dhubri has filed this application under Section 482 BNSS, 2023, seeking his pre-arrest bail in CBI Page No.# 2/4 Case No. RC-23E/2024/CBI arising out of Golakganj Police Station Case No. 201/2024 registered under Sections 318(4)/316(2)/351(2)/(3) BNS, 2023 read with Sections 21(1)(2)(3)/23 of the Banning of Unregulated Deposit Schemes Act, 2019, corresponding to G.R. No. 1038/2024. 3. As per the FIR dated 05.09.2024 lodged before the Golakganj Police Station against the petitioner and two others by the informant/complainant the case is that the petitioner induced the informant for which he had invested Rs. 40,000/- in one Ubit-Coin Company to receive 25% interest on his such deposit along with the principal amount as being suggested by the petitioner. The said amount was invested for a period of two months, but the informant/complainant neither received the principal amount of Rs. 40,000/- nor the interest of 25%. When the informant/complainant went to the petitioner for his money invested in said Ubit-Coin Company, he was threatened and the accused persons of the case denied returning him his money. 4. Accordingly, said FIR of the informant/complainant dated 05.09.2024 was registered as Golakganj Police Station Case No. 201/2024 under Sections 318(4)/316(2)/351(2)/(3) BNS, 2023 read with Sections 21(1)(2)(3)/23 of the Banning of Unregulated Deposit Schemes Act, 2019, corresponding to G.R. No. 1038/2024 against the petitioner and other two accused persons of the case. 5. The State Government in the Home Department later handed over the investigation of said Golakganj Police Station Case No. 201/2024 to the CBI and accordingly, the same was registered as CBI Case No. RC-23E/2024/CBI. 5. Ms. M Kumari, learned Standing counsel, CBI from the case diary and on instruction has submitted that the petitioner is regularly appearing before the concerned Investigating Officer of the case and is cooperating in the investigation of the case. 7. Perused the case diary placed before the Court today by Ms. M Kumari, learned Standing counsel, CBI. 8. On perusal of the case diary, it is seen that the independent witnesses, statements of which have already been recorded implicated the petitioner that he Page No.# 3/4 influenced many persons to invest their money with the said Ubit-Coin Company. 9. It is also seen from the case diary that the petitioner is regularly appearing before the concerned I.O. of the case in its office at Betkuchi, opposite to Balaji Temple, NH-37, Guwahati and is co-operating with the investigation of the case. 10. Considering such materials in the case diary and as the petitioner is co- operating with the investigation of the case, the Court is of the view that custodial detention of the petitioner is not warranted for investigation of said CBI Case No. RC- 23E/2024/CBI. Therefore, this pre-arrest bail application of the petitioner in said CBI Case No. RC-23E/2024/CBI is accepted. 11. Accordingly, it is provided that in the event of arrest of the petitioner, namely, Abdul Latif Sk, in CBI Case No. RC-23E/2024/CBI arising out of Golakganj P.S. Case No. 201/2024, he shall be released on bail, on furnishing bail bond of Rs 2,00,000/- with 2 (two) local sureties, each of the like amount, one of which shall be a Government employee, either State or Central, permanently serving in the State of Assam, to the satisfaction of the arresting authority, subject to the conditions that the petitioner – (i) shall appear before the concerned Investigating Officer of said CBI Case No. RC-23E/2024/CBI in its CBI Anti Corruption Branch, NH-37 at Betkuchi, opposite to Balaji Temple, Guwahati, as and when he is required for necessary investigation of said CBI Case; (ii) shall not leave the territorial jurisdiction of the CBI Anti Corruption Branch, Guwahati, without obtaining prior written permission from the concerned Investigating Officer of the case; (iii) shall submit his passport, if any, before the concerned Investigating Officer of the case; (iv) shall not hamper with the investigation, or tamper with the evidence of the case; (v) shall not, directly or indirectly, make any inducement, threat or promise to any Page No.# 4/4 person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer and (vi) shall not involve himself in any criminal activities in the future. 12. It is also made clear that in the event of filing of charge-sheet against the petitioner in said CBI Case No. RC-23E/2024/CBI and the petitioner prays for his regular bail before the CBI Court at Guwahati in said CBI Case No. RC-23E/2024/CBI, the concerned CBI Court shall be at liberty to consider such bail application of the petitioner in accordance with law, as it deems fit and proper, securing the presence/ attendance of the petitioner during the trial of the said CBI Case No. RC- 23E/2024/CBI, till the conclusion of its trial. 13. 13. Any violation of the aforesaid terms and conditions by the petitioner, namely, Abdul Latif Sk, son of Jahanuddin, the pre-arrest bail granted to him in CBI Case No. RC-23E/2024/CBI arising out of Golakganj P.S. Case No. 201/2024 shall stand automatically vacated. 14. This pre-arrest bail application of the petitioner accordingly stands disposed of. 15. Return the case diary herewith. JUDGE Comparing Assistant