Page No.# 1/3 GAHC010255652024 2025:GAU-AS:1278 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3151/2024 NEWMOON ROY S/O MANDAL CH. ROY R/O VILL- WEST DANGARKUTI, P.O. DOTMA, P.S. DOTMA DIST. KOKRAJHAR, ASSAM PIN-783347 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. N MAHAJAN,MR. P K DAS Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 07.02.2025 Heard learned counsel, Mr A Choudhury, for the petitioner, Newmoon Roy, who has filed this application under Section 482 of the BNSS, 2023 with prayer for pre-arrest bail, as he is apprehending arrest in connection with Kokrajhar PS Case No. 249/2024, under Sections 336 (3)/340(2)/318(4)/3(5) of the BNS, Page No.# 2/3 2023. 2. Heard Mr D P Goswami, learned Additional Public Prosecutor for the State of Assam. 3. The allegation against the petitioner is that he was involved in manipulating some documents, which were used by his brother to procure employment. 4. It is submitted on behalf of the petitioner that he came in contact with the accused Ranjan Ray in Swami Jogananda Giri College, Kokrajhar and they were good friends, but he was totally unaware of the alleged forged documents. 5. Learned Additional Public Prosecutor has submitted that there are incriminating materials in the Case Diary, against the petitioner. 6. I have scrutinized the Case Diary. 7. The merits of this case are not brought to the fore as investigation is still under progress, but the Case Diary reveals that investigation has substantially progressed and custodial interrogation may not be required. The petitioner has also pledged to cooperate with the remaining part of investigation and to abide by any stringent conditions, if imposed upon him. 8. The petitioner is a forest guard and he is a local resident. Therefore, he is not a flight risk. Page No.# 3/3 9. In view of my foregoing discussions, petition is allowed. Accordingly, in the event of his arrest, the petitioner shall be enlarged on bail on furnishing bail bond of Rs. 30,000/- (Rupees Thirty Thousand Only), with a suitable surety of like amount to the satisfaction of the arresting authority, under the conditions that: i) the petitioner shall appear before the IO and cooperate with the investigation, ii) the petitioner shall appear before the IO on every fortnight, till completion of investigation, iii) the petitioner shall not tamper with the evidence or try to influence the witnesses. 9.1. On breach of any of the bail conditions, the learned Elaka Magistrate/jurisdictional Court is at liberty to cancel the bail granted to the petitioner. 10. Anticipatory Bail Application stands disposed of. 11. Send back the Case Diary. JUDGE Comparing Assistant