Page No.# 1/3 GAHC010246322024 2025:GAU-AS:53 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3066/2024 VIVEK SAHA S/O SRI BALARAM SAHA R/O SHIV COLONY P.O. AND P.S. SILCHAR, DIST. CACHAR, ASSAM MOBILE NO. 98648544 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A BHATTACHARYA, MR S PAUL,MS. K MALAKAR,MR. A BHATTACHARJEE,MR S CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 03.01.2025 Heard Mr. A Bhattacharya, learned counsel for the petitioner and Mr. M P Goswami, learned Additional Public Prosecutor, Assam for the State. 2) Petitioner namely, Sri Vivek Saha, son of Sri Balaram Saha, resident of Shiv Colony, P.S.-Silchar, District-Cachar has filed this application under Section 482 BNSS, 2023, praying Page No.# 2/3 for his pre-arrest bail in Silchar Police Station Case No. 809/2024, registered under Sections 318(2)/319(1)/336(3)/340(2) BNS, 2023, corresponding to G.R. No. 1622/2024. 3) As per the FIR dated 07.09.2024 lodged by the complainant before the In-Charge of Rangirkhari T.O.P under the jurisdiction of Silchar Police Station, the case is that he is an employee of Golden Cargo Carrying Transport Company having its office near Bilpar, Graveyard. The said Transport Company only receives goods booked from Guwahati to Silchar. It neither forwards anything from Silchar to any other place and nor sends any bills from Silchar, except receipt of bills from Guwahati. On 22.08.2024, it received a phone call from Amritsar, Punjab stating that on 02.08.2024, said Golden Cargo Carrying Transport Company has sent 4 (four) bags of black pepper, which have not yet been delivered at Amritsar. When it was informed that nothing is booked from said Golden Cargo Carrying Transport Company, then a bill was forwarded to the said company which indicated that someone in the name of Golden Cargo Carrying Transport Company is preparing forged bills in the name of transporting goods and thereby, damaging the reputation of the said Company. 4) Accordingly, the said FIR of the complainant was lodged before the In-Charge of Rangirkhari T.O.P. under Silchar Police Station, which was initially registered as G.D. Entry No. 578 dated 24.08.2024 and thereafter, it was registered as Silchar Police Station Case No. 809/2024 under Sections 318(2)/319(1)/336(3)/ 340(2) BNS, 2023, corresponding to G.R. No. 1622/2024. 5) The petitioner herein is the husband of one Paromita Sengupta, who is the proprietor of Pramita Trading and it is the said Pramita Trading, who in the name of Golden Cargo Carrying Transport Company, Bilpar, Silchar made forged bills for sending goods to Amritsar, Punjab. 6) Case diary is placed before the Court today by Mr. M P Goswami, learned Additional Public Prosecutor, Assam. 7) On perusal of the case diary, it is revealed that the wife of the petitioner as the proprietor of Pramita Trading, received more than Rs. 1,20,000/- for transporting some materials through the said Golden Cargo Carrying Transport Company. Page No.# 3/3 8) Perusal of the case diary also reveals that after receipt of Notice under Section 35 BNSS, 2023, the petitioner along with his wife appeared only for once and thereafter, avoided appearing in the case and also did not co-operate with the investigation of the said case. 9) Finding sufficient incriminating materials against the petitioner in the case diary with regard to his involvement in the alleged crime, the Court is of the view that it is not a fit case to grant pre-arrest bail to the petitioner in said Silchar P.S. Case No. 809/2024. 10) Accordingly, this pre-arrest bail application of the petitioner, namely, Sri Vivek Saha, son of Sri Balaram Saha, in said Silchar P.S. Case No. 809/2024 stands rejected. 11) Return the case diary herewith. JUDGE Comparing Assistant