Page No.# 1/3 GAHC010249412024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3164/2024 SUNTI DAS S/O SRI MITHARAM DAS R/O VILL- TOWN TELENGANIZA, P.S. BEHALI, SUB-DIVN- BISWANATH, DIST. SONITPUR, ASSAM, PIN-784176. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR P KATAKI, MS. A LALA,MRS R BEGUM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 27.01.2025 Heard Mr. P. Kataki, learned counsel for the applicant and Mr. M.P. Goswami, learned Additional Public Prosecutor for the State respondent. 2. Apprehending arrest in connection with Behali P.S. Case No. 94/2024, under Sections 420/406 of the I.P.C., this application under Section 482 of the B.N.S.S., is preferred by applicant namely, Sunti Das for grant of pre-arrest bail. Page No.# 2/3 3. It is to be noted here that the said case has been registered on the basis of an F.I.R. lodged by one Dambaru Dhar Deori, on 07.11.2024. The fact of the case is that the applicant is the owner of brick vata and he took two trucks of coal for his brick vata on 22.05.2023 & 02.06.2023. The cost of the first truck is Rs. 5,10,000/-, out of which he had paid only Rs. 2,40,000/- and the cost of the second truck is Rs. 5,36,400/-, out of which he had paid only Rs. 2,70,000/- and as such, the gross balance is Rs. 6,57,400/- and later on, he had paid only Rs. 40,000/-. 4. Mr. Kataki, learned counsel for the applicant submits that this court was pleased to grant interim protection to the applicant, vide order dated 03.12.2024, and pursuant to the said order, the applicant had appeared before the I.O. and cooperating with the investigating agency. Mr. Kataki further submits that the I.O. had called the informant and the applicant to the police station and settled the dispute between them and to that effect, one agreement was signed and therefore, it is contended to make the interim order dated 03.12.2024, absolute in the same terms and conditions. 5. On the other hand, Mr. Goswami, learned Additional Public Prosecutor by producing the case diary before this court, fairly submits that the applicant had appeared before the I.O. and cooperating with the investigating agency. 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 is not in dispute that the conflict between the parties is civil in nature regarding non-payment of price of coal supplied by the informant to the applicant. Further, from the agreement dated 06.12.2024, which is produced before this Page No.# 3/3 court, it appears that both the parties have settled the dispute. 8. In that view of the matter, this court is of the view that custodial interrogation of the applicant seems to be unwarranted here in this case. Therefore, this court is inclined to make the interim order dated 03.12.2024, absolute in the same terms and conditions. 9. In terms of above this A.B. stands disposed of. 10. The case diary be returned. 11. The copy of the agreement produced before this court by Mr. Kataki, learned counsel for the applicant shall be part of the record. JUDGE Comparing Assistant