Page No.# 1/4 GAHC010258572024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3200/2024 JAGADISH SONOWAL AND 2 ORS S/O LATE LOKESWAR SONOWAL R/O VILL- NALINICHUK, P.S. BOGINODI, MOUZA- KADAM, DIST. LAKHIMPUR, ASSAM 2: DIBAKAR SONOWAL S/O LATE LOKESWAR SONOWAL R/O VILL- NALINICHUK P.S. BOGINODI MOUZA- KADAM DIST. LAKHIMPUR ASSAM 3: JUGAL SONOWAL S/O LATE LOKESWAR SONOWAL R/O VILL- NALINICHUK P.S. BOGINODI MOUZA- KADAM DIST. LAKHIMPUR ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, GOVT. OF ASSAM Advocate for the Petitioner : MR. B GOGOI, H S BARUAH,MR M BHUYAN,MR A CHALIHA Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 24.01.2025 Heard Mr. B. Gogoi, learned counsel for the applicants. And also heard Ms. N Das, learned Additional Public Prosecutor, Assam, appearing for the State respondent. 2. This application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is preferred by three applicants, namely, 1. Jagadish Sonowal, 2. Dibakar Sonowal and Jugal Sonowal, who have been apprehending arrest in connection with Boginodi P.S. Case No.58/2024, under Section 420/468/464/34 of IPC, for grant of pre-arrest bail. 3. It is to be noted here that, the above noted case has been registered on the basis of one complaint case lodged by one Dharmeswar Sonowal, on 14.10.2024, before the Court of learned Chief Judicial Magistrate, North Lakhimpur and thereafter the same was forwarded to Police Station, upon which the Officer-In-Charge Boginodi Police Station has registered Boginodi P.S. Case No.58/2024, and started investigation of the same. 4. The essence of allegation, against the present applicants are that on 18.11.2023, with the assistance of advocate and notary they have filed one affidavit by forging the signature of the informant and his brother Ambeswar Sonowal, Lohit Sonowal and Haladhar Sonowal to obtain Myadi Patta in respect of the land measuring 15 Bighas 2 Kathas and 8 Lechas covered by Dag No. 53, Patta No. 26 under Borkhelia Revenue Map under Kadam Mouza in the district of Lakhimpur. Page No.# 3/4 5. Mr. Page No.# 3/4 5. Mr. Gogoi, learned counsel for the applicants submits that the applicants were granted the privilege of interim pre-arrest bail vide order dated 06.12.2024, and pursuant to the said order, they have appeared before the I.O. and their statements were also recorded and they have been co-operating with the investigating agency and that the allegation made in the FIR are false and referring to the Page No.32, of the petition, Mr. Gogoi, learned counsel for the applicants submits that the affidavit was prepared in the name of the all the brothers of the informant and that the applicants were innocent and therefore, it is contended to make the interim order dated 06.12.2024, absolute in the said terms and conditions. 6. Ms. Das, learned Additional Public Prosecutor, Assam has produce the case dairy before this Court and submits that investigation is about to complete and the applicants have appeared before the IO and their statements were also recorded. 7. Having heard the submission of learned Advocates of both the parties, I have carefully gone through the petition and the documents placed on record and also perused the case diary with the assistance of Ms. Das, learned Additional P.P. 8. The case diary indicates that investigation is almost completed and further it appears that pursuant to the order dated 06.12.2024, the applicants have been co-operating with the investigating agency and they have appeared before the IO and their statements were also recorded. In view of the matter, custodial interrogation of the present applicants in the interest of investigation seems to be not warranted here in this case and accordingly, the interim order dated 06.12.2024, is hereby made absolute in the said terms and conditions. Page No.# 4/4 9. In terms of above, this anticipatory bail application stands disposed of. Case diary be returned. JUDGE Comparing Assistant