Page No.# 1/5 GAHC010243362024 2025:GAU-AS:60 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3034/2024 DIPANJALI DAS D/O LATE THANESWAR DAS R/O GANGA SHANTI APARTMENT, PANJABARI BAGHARBARI TINIALI, GUWAHATI, DIST. KAMRUP (M), ASSAM, PIN NO. 600125270 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. B K GOGOI, MR. M J GOGOI Advocate for the Respondent : PP, ASSAM, Page No.# 2/5 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK O R D E R 03/01/2025 Heard Mr. Z Kamar, learned Senior counsel, assisted by Mr. M J Gogoi, learned counsel for the petitioner and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State, sole Opposite Party. 2. Apprehending her arrest, the petitioner, namely, Dipanjali Das, daughter of Late Thaneswar Das, resident of Ganga Shanti Apartment, Panjabari Bagharbari Tiniali, Guwahati, District-Kamrup (Metro) has filed this application under Section 482 BNSS, 2023, praying for her pre-arrest bail in Hatigaon Police Station Case No. 254/2024 under Sections 120(B)/406/420/468 IPC, corresponding to G.R. No. 6720/2024. 3. On 12.11.2024, the informant, Ameet Borah, son of late Arun Borah lodged a written FIR before the Officer-in-Charge of Hatigaon Police Station, stating that his father Arun Borah expired on 28.03.2024. Informant’s allegation in the said FIR is that one Nekib Ali, son of Hafiz Ali, resident of Patrapur, Post Office-Kendua, Police Station-Baihata Chariali, District-Kamrup had executed a Deed of Sale vide Serial No.-24190, Deed No.-20786, dated 07.12.2021 in the Office of the Senior Sub Registrar, Kamrup Metro relating to a plot of 2nd Class Basti Land, measuring one Katha six Lechas under Dag No. 730 of KP Patta No. 678 situated at revenue Village Hatigaon at KK Bhatta Road, Mouza-Beltola, Revenue Circle-Dispur, District-Kamrup (Metro) under the jurisdiction of the Office of the Sub-Registrar, Guwahati in the district of Kamrup (Metro) that is owned by him, without his knowledge and information as well as to the knowledge and information of his father. 4. 4. In the said FIR, the informant also stated that though due to urgent medical expenses of his father and financial crisis he had executed an AGREEMENT FOR SALE vide Deed No. 868, Serial No. 861 dated 07.01.2023 along with an IRREVOCABLE GENERAL POWER OF ATTORNEY vide Deed No. 212, Serial No. 862 dated 07.01.2023 before the Senior Sub-Registrar, Kamrup Metro and alleged that said Nekib Ali, son of Hafiz Ali didn’t pay any money to him in spite of several physical and telephonic request made to him. Page No.# 3/5 5. In the said FIR dated 12.11.2024, the informant further stated that on the previous day he came to know that said Nekib Ali, son of Hafiz Ali had already executed a Sale Deed on 07-12- 2021 before execution of AGREEMENT FOR SALE and POWER OF ATTORNEY and that said Nekib Ali had also applied for mutation of the schedule plot of land vide Mutation Application Reference No. RTPS/MUTD/2023/905851/2023-02-27 before the Office of the Circle Officer, Dispur Revenue Circle, Kamrup (Metro). 6. As such, being in a helpless position and deep shock as to how to recover his land from said Nekib Ali, the informant by the said FIR dated 12.11.2024 requested the Officer-in-Charge of Hatigaon Police Station to take necessary action and to punish the culprit. 7. The said FIR dated 12.11.2024 of the informant was accordingly registered as Hatigaon P.S. Case No. 254/2024, noted above. 8. Petitioner stated that she is an advocate by profession and practicing law for last more than 20 years maintaining professional ethics and following the rules and guidelines of the Bar Council of India. She stated that on being approached by said Nekib Ali, son of Hafiz Ali and on verification of the land documents, she had only drafted the Sale Deed relating to the case in hand, also stating that excepting the same she is no way connected with the said Hatigaon P.S. Case. The petitioner further stated that she neither identified the witnesses/the persons at the time of execution of the concerned Sale Deed nor she had put her signature as an advocate in the said Sale Deed. 9. Though she is not named in the FIR of the case, the petitioner stated that she has the reasonable apprehension that in the name of questioning her, police are contemplating to arrest her in the said Hatigaon P. S. Case with the purpose of causing harassment to her for extraneous consideration. 10. Petitioner submitted that she will abide by any terms and conditions that may be imposed upon her by the Court on granting pre-arrest bail to her under Section 482 BNSS, 2023 in said Hatigaon P S Case No. 254/2024. 11. By order dated 20.11.2024, this Court granted interim bail to the petitioner in said Hatigaon P S Case No. 254/2024. Both Mr. Kamar, learned Senior counsel, as well as Mr. Sarma, learned Additional Public Prosecutor on instructions submitted that the petitioner on obtaining interim bail appeared before the concerned Investigating Officer of said Hatigaon P. S. Case No. 254/2024 Page No.# 4/5 and her statements have been recorded. Till date, the petitioner is on interim bail in said Hatigaon P. S. Case that was extended from time to time. 12. Mr. Sarma, learned Additional Public Prosecutor, Assam has placed the case diary of said Hatigaon P. S. Case No. 254/2024. From the case diary, Mr. Sarma submitted that the FIR named accused person, Nekib Ali, son of Hafiz Ali was arrested in Hatigaon P. S. Case on 12.11.2024. Mr. Sarma, learned Additional Public Prosecutor from the said case diary also submitted that the arrested accused of the case said Nekib Ali implicated the petitioner that she helped him to execute the sale deed in a back date. 13. From the case diary, Mr. Sarma, learned Additional Public Prosecutor has also placed that the two witnesses named in the Salee Deed, namely, Hiraj Boruah, son of Sri Lakshman Boruah and Md. Akhter Hussain, son of late Ghamid Ali in their statements before police under Section 180 BNSS as well as under Section 183 BNSS before the Judicial Magistrate, First Class, Kamrup (Metro), Guwahati recorded on 18.11.2024 and 28.11.2024, respectively, implicated the petitioner stating that at her instance they had put their signatures in the said Sale Deed on a back date. 14. From the case diary, it is seen that the concerned Sub-Registrar of Kamrup Metro indicated that the Sale Deed was entered and numbered in the year 2021 itself in his own User ID and that he duly signed on the said Sale Deed. He also stated that since 24.08.2023 he was not serving as the Sub-Registrar of Kamrup (Metro) and that since 26.08.2023 he is serving as Deputy Registrar at Nagaon. 15. From the statements of the witnesses acquainted with the case including the arrested accused Nekib Ali, it is seen that the petitioner allegedly drafted the Sale Deed but she is not a signatory to it, nor identified the witnesses therein. 16. It also seen from the case diary that the concerned Investigating officer of the case has already seized the relevant documents of the case. 17. Considering such materials in the case diary, the court is of the view that custodial detention of the petitioner, named above, is not warranted for investigation of said Hatigaon P. S. Case No. 254/2024. 18. Accordingly, this pre-arrest bail application of the petitioner, namely, Dipanjali Das, daughter of Late Thaneswar Das in said Hatigaon Police Station Case No. 254/2024 is Page No.# 5/5 accepted and the interim bail granted to the petitioner earlier on 20.11.2024 in said Hatigaon P. S. Case No. 254/2024 is hereby made absolute, subject to the condition that the petitioner, named above, shall comply with all the terms and condition specified in the said order dated 20.11.2024. It is clarified that violation of any of the terms and conditions by her that are incorporated in the order dated 20.11.2024 passed earlier in this application, pre-arrest bail granted to the petitioner, Dipanjali Das, in said Hatigaon P. S. Case No. 254/2024, shall stand automatically vacated. 19. With the above direction, this pre-arrest bail application of the petitioner stands disposed of. 20. Return the case diary herewith. JUDGE Comparing Assistant