Page No.# 1/3 GAHC010267312024 2025:GAU-AS:481 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3306/2024 AMIT NANDY S/O LT. ARUN NANDY DHEKIAJULI TOWN, WARD NO. 10 NEAR DON BOSCO SCHOOL, P.O. AND P.S. DHEKIAJULI DIST. SONITPUR, ASSAM PIN-784110, M. NO. 8133991859 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. S CHAUHAN, MR N ALAM,M. BORUAH,MR. P MAZUMDER Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 20.01.2025 Heard Mr. S. Chauhan, learned counsel for the applicant and also heard Ms. N. Das, learned Additional Public Prosecutor, Assam. Page No.# 2/3 2. This application under Section 482 of the BNSS,2023 is preferred by applicant, namely, Amit Nandy, who has been apprehending arrest in connection with Dhekiajuli P.S. Case No.145/2024, under Section 379 IPC, for grant of pre- arrest bail. 3. The above noted case, has been registered on the basis of an FIR lodged by one Ashish Kumar Pandey, with the Officer-In-Charge, Dhekiajuli Police Station on 14.08.2024. The essence of allegation, in the aforementioned FIR, is that the present applicant has stolen Steel Tubular SP-16 poles near K.N. Motors Sirajuli Mijabari Road. 4. Mr. Chauhan, learned counsel for the applicant submits that the applicant is innocent and no way involved with the offence alleged in the FIR and the applicant as well as the first informant both were contractors and that he has been falsely implicated here in this case and he is ready to co-operate with the investigating agency and therefore, Mr. Chauhan, contended to allow this application. 5. On the other hand, Ms. N. Das, learned Additional Public Prosecutor, Assam, has produced the case diary report before this Court and fairly submits that so far, the I.O., has examined three witnesses and none of them have implicated the present applicant with the offence alleged in the FIR. 6. Having heard the submission of learned Advocates of both sides, I have carefully gone through the application and the documents placed on record and also perused the case diary with the assistance of Ms. N. Das, learned Additional P.P. 7. It appears that there is inadequacy of materials in the C/D to show involvement of the applicant with the offence alleged in the FIR. His custodial Page No.# 3/3 interrogation seems to be unwarranted in the interest of investigation. Thus having considered the materials collected so far in the case diary, and also considering the nature and gravity of the offence, this Court is inclined to allow this petition 8. It is provided that in the event of arrest of the applicant, namely, Amit Nandy, in connection with Dhekiajuli P.S. Case No. 145/2024, under Section 379 IPC, he shall be released on pre-arrest bail on his executing a bond of 50,000/- with one surety of the like amount to the satisfaction of the arresting authority. The above privilege is, however, subject to the following conditions:- (i) The applicant shall make himself available for interrogation by the Investigating Officer as and when required; (ii) The applicant shall not make any inducement, threat or promise to any person, directly or indirectly, acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and (iii) The applicant shall not leave the jurisdiction of the learned C.J.M., Sonitpur at Tezpur, without prior permission. 9. In terms of above, this anticipatory bail application stands disposed of. Case diary be returned. JUDGE Comparing Assistant