Page No.# 1/4 GAHC010255232024 2025:GAU-AS:210 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3165/2024 NUR ALOM @ NUR ALI AND 3 ORS. S/O LATE FOTIK ALI VILL-MAJER ALGA PART-III P.O. JORUAR CHAR, P.S. FAKIRGANJ DIST. DHUBRI, ASSAM, PIN-783339. 2: AKKAS ALI S/O RUPCHAN ALI VILL- MAJER ALGA PART-III P.O. JORUAR CHAR P.S. FAKIRGANJ DIST. DHUBRI ASSAM PIN-783339. 3: ASHRAFUL ALOM S/O OFAZ UDDIN AHMED VILL- DIMATALA POYESTICHAR P.O. JORUAR CHAR P.S. FAKIRGANJ DIST. DHUBRI ASSAM PIN-783339 4: SHAHA ALOM @ SHA ALOM S/O ALI HUSSAIN VILL- DIMATALA POYESTICHAR P.O. JORUAR CHAR P.S. FAKIRGANJ Page No.# 2/4 DIST. DHUBRI ASSAM PIN-78333 VERSUS THE STATE OF ASSAM REP BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR. A F N U MOLLAH, K ZAMAN Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 07/01/2025 Heard Mr. A F N U Mollah, learned counsel for the petitioners and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State. 2. The petitioners, namely, (1) Nur Alom @ Nur Ali, son of Late Fotik Ali, resident of Village-Majer Alga Part-III, P.S. Fakirganj, District-Dhubri, (2) Akkas Ali, son of Rupchan Ali, resident of Village-Majer Alga Part-III, P.S. Fakirganj, District-Dhubri, (3) Ashraful Alom, son of Ofaz Uddin Ahmed, resident of Village-Dimatala Poyestichar, P.S. Fakirganj, District-Dhubri and (4) Shaha Alom @ Sha Alom, son of Ali Hussain, resident of Village-Dimatala Poyestichar, P.S. Fakirganj, District-Dhubri, have filed this application under Section 482 BNSS, seeking pre-arrest bail apprehending their arrest in Fakirganj P.S. Case No. 108/2024 registered under Sections 61(2)/336(3)/318(4)/316(2) of BNS, 2023 corresponding to G.R. No. 1129/2024. 3. As per the FIR dated 16.09.2024 lodged by the complainant, Shoriful Islam before the Officer-in-Charge of Bondihana Outpost under Fakirganj Police Station, the case is that the complainant took a loan of Rs.50,000/- from the petitioner No. 1, Nur Alom @ Nur Ali, one year back and in lieu of that he submitted the original Deed relating to his shop situated at Dimatala Page No.# 3/4 Bazar. However, the said petitioner No. 1 illegally forging the signature of the informant made a forged sale deed stating that on receipt of Rs.1,50,000/-, the informant will sell the said shop at Dimatala Bazar to the petitioner No. 1 and the other three petitioners are the witnesses to the said sale of his shop situated at Dimatala Bazar. By the said FIR dated 16.09.2024, the complainant requested the authorities of Bondihana Outpost to enquire into the matter and to take action in accordance with law. Accordingly, said FIR of the complainant was registered as Bondihana Outpost G.D. Entry No. 257 dated 16.09.2024 and subsequently, it was registered as Fakirganj P.S. Case No. 108/2024 under Sections 61(2)/336(3)/318(4)/316(2) of BNS, 2023 corresponding to G.R. No. 1129/2024. 4. Mr. Mollah, learned counsel for the petitioners submitted that the matter involves is a civil dispute relating to the sale of the shop of the complainant to the petitioner No. 1. It is also submitted by Mollah, learned counsel for the petitioners that the petitioners are in no way connected with the case and have been wrongly implicated by the complainant in the said Fakirganj P.S. Case No. 108/2024. 5. Mr. Sarma, learned Additional Public Prosecutor, Assam has placed the relevant case diary along with the order dated 28.10.2024 passed by the learned Additional Sessions Judge, Dhubri in Misc. Criminal Case No. 1057/2024, whereby the present petitioners along with another, Jamaluddin prayed for their pre-arrest bail in said Fakirganj P.S. Case No. 108/2024, which was rejected by the learned Additional Sessions Judge, Dhubri about which the petitioners have mentioned in paragraph-7 of this pre-arrest bail application. 6. As per the statement of the petitioners, the complainant sold his shop situated at Dimatala Bazar to the petitioner No. 1 by executing a sale deed duly notarized by one Sitanshu Kumar Dey, Notary, District-Dhubri, Assam on 21.06.2024 vide serial No. 19162 at an amount of Rs.1,50,000/-. 7. It is seen from the order dated 28.10.2024 passed by the learned Additional Sessions Judge, Dhubri in Misc. Criminal Case No. 1057/2024, noted above that the learned Additional Sessions Judge, Dhubri called for the concerned Notary along with the relevant register maintained by him who notarized the concerned sale deed No. 19162 dated 21.06.2024 while considering the pre-arrest bail application of the petitioners. The learned Additional Sessions Judge, Dhubri from the register of the concerned public notary, Sitanshu Kumar Dey found that Page No.# 4/4 there was no such entry of serial No. 19162 in the said register maintained by the concerned Notary. Moreover, the concerned notary, Sitanshu Kumar Dey also appeared before the learned Additional Sessions Judge, Dhubri pursuant to the order dated 28.10.2024, who submitted that he did not endorse by putting his signature in the said alleged sale deed No. 19162, whereby the complainant allegedly sold his shop house at Dimatala Bazar to the petitioner No. 1. 8. Considering the fact that the petitioners have approached the Court of learned Additional Sessions Judge, Dhubri for their pre-arrest bail with unclean hands, the learned Additional Sessions Judge, Dhubri by order dated 28.10.2024 rejected the pre-arrest bail application of the petitioners in said Fakirganj P.S. Case No. 108/2024. 9. From the case diary, it is seen that there are several incriminating materials with regard to the involvement of the petitioners in the alleged crime. From the statements so far recorded by the concerned Investigating Officer of the case as has been seen from the statement of the acquainted independent witnesses of the case, considering such materials in the case diary as well as the order dated 28.10.2024 of the learned Additional Sessions Judge, Dhubri passed in Misc. Criminal Case No. 1057/2024, preferred by the petitioners, this Court is of the view that it is not a fit case to grant pre-arrest bail to the petitioners, named above, in said Fakirganj P.S. Case No. 108/2024. 10. Accordingly, this pre-arrest application of the petitioners, namely, (1) Nur Alom @ Nur Ali, (2) Akkas Ali, (3) Ashraful Alom, and (4) Shaha Alom @ Sha Alom in said Fakirganj P.S. Case No. 108/2024 stands rejected. 11. Return the case diary. JUDGE Comparing Assistant