Page No.# 1/4 GAHC010269082024 2025:GAU-AS:354 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3309/2024 RUPJYOTI BHARALI R/O- SUPJURI BANGALI GAON, P.O. BORJURI, P.S. BOKAKHAT DIST. GOLAGHAT- 785612 PHONE NO. 8472044712 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : DR. J. D. KHAUND, M NARZARY,MS M CHAKRAVARTY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 09.01.2025 Heard Dr. J D Khound, learned counsel for the petitioner and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State. Page No.# 2/4 2. Apprehending his arrest, the petitioner, namely, Rupjyoti Bharali, son of late Sukleswar Bharali, resident of village – Supjuri Bangali Gaon, Police Station-Bokakhat, District- Golaghat has filed this application under Section 482 of the BNSS, 2023, praying for his pre-arrest bail in Dispur Police Station Case No. 599/2024 registered under Sections 120(B)/420/406/468/34 IPC. 3. The petitioner applied for his residential accommodation under the Assam State Housing Board at Bokakhat being a Grade-III employee serving as Junior Assistant in the Office of the Deputy Director of Agriculture (FTS), Panbari, Bokakhat. On his application and submission of the relevant documents, after due verification, Flat No. B3 was allotted to the petitioner by the authorities of the Assam State Housing Board at Bokakhat allowing him to stay with his family. 4. However, later one complainant Bijoy Kutumb on 09.09.2024 lodged an FIR before the Dispur Police Station against the petitioner and another, stating that the petitioner is having a land on Bokakhat Constituency and by making false application/mis-representation, swearing false affidavit to that effect have managed to procure the said allotment of residential accommodation under the Assam State Housing Board at Bokakhat. 5. Said FIR dated 09.09.2024 was registered as Dispur Police Station Case No. 599/2024 under Sections 120(B)/420/406/468/34 IPC. 6. Earlier the petitioner on receipt of notice appeared before the concerned Investigating Officer of said Dispur P.S. Case No. 599/2024 and his statement has been recorded. However, the petitioner is apprehending that he may be arrested in connection with said Dispur P.S. case and if arrested, his service career would be jeopardized. 7. Mr. B Sarma, learned APP, Assam placed the relevant case diary before the Court. 8. From the perusal of the case diary, it is seen that the concerned I.O. of the case has already collected the original documents relating to the application of the petitioner for his residential accommodation in an apartment constructed by the Assam State Housing Board at Bokakhat, his other relevant documents in original including his affidavit, salary slip, allotment order and an amount of Rs. 50,000/- that he had deposited with the Assam State Housing Board for his said allotment. 9. From the application of the petitioner for his allotment under the Assam State Housing Board, it is seen that there is a specific clause at Sl. No. 10, as to whether the applicant/his or her Page No.# 3/4 spouse has a plot of land for construction of house in the city/town, if so, to give the location, area, town, city etc., to which the petitioner answered in negative. 10. The petitioner in his said application categorically stated that he is a Junior Assistant serving in the Office of the Deputy Director of Agriculture (FTS), Panbari, Bokakhat receiving salary of Rs. 29,784 at the time of filing the said application on 25.08.2021 and along with his application he has submitted his salary slip. In his said application, he has also stated that he has his wife, his minor son and minor daughter to live with, giving his permanent address as well as the permanent address of his wife and no land and house at Bokakhat. 11. As the concerned Investigating Officer of the case has already seized the relevant documents in original pertaining to the application of the petitioner for allotment of his house under the Assam State Housing Board at Bokakhat and his other relevant documents in original; this Court is of the opinion that his custodial detention is not warranted to investigate said Dispur Police Station Case No. 599/2024. As such, this pre-arrest bail application of the petitioner is accepted. 12. Accordingly, it is provided that in the event of arrest of the petitioner, namely, Rupjyoti Bharali in said Dispur Police Station Case No. 599/2024, he shall be released on bail on furnishing bail bond of Rs.30,000/-, with two local sureties, each of the like amount, to the satisfaction of the arresting authority on conditions that the petitioner – (i) shall appear before the Investigating Officer of said Dispur Police Station Case No. 599/2024 during the office hours on or before 29.01.2025, and thereafter, as and when he is required for necessary investigation of said Dispur P.S. Case; (ii) shall not leave the territorial jurisdiction of Dispur Police Station, without obtaining prior written permission from the concerned Investigating Officer of the case; (iii) shall not hamper with the investigation, or tamper with the evidence of the case; (iv) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer and (v) shall not indulge himself in any criminal activities. 13. Violation of any of the aforesaid terms and conditions by the petitioner, Rupjyoti Bharali, the pre-arrest bail granted to him in the aforementioned Dispur P.S. Case No. 599/2024 shall stand automatically vacated. 14. This pre-arrest bail application accordingly stands disposed of. Page No.# 4/4 15. Return the case diary. JUDGE Comparing Assistant