Page No.# 1/4 GAHC010272582024 2025:GAU-AS:1180 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3355/2024 MOMTAZALI @ MONTAZ ALI S/O LATE IMAN ALI R/O VILL- NO. 1 AHMEDPUR P.S. BIHPURIA, DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. N HASAN, MR. I K BURAGOHAIN,MR. A HASAN Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 05.02.2025 Heard learned counsel, Mr N Hasan, for the petitioner, Momtaz Ali @ Montaz Ali, 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 GR Case No. 498/2023, corresponding to PRC Case No. 1857/2023, arising out of Bihpuria PS Case No. 94/2023, under Sections 120(B)/406/420/489-A/489-C/489-D/34 of the IPC. Page No.# 2/4 2. Heard Mr B Sharma, learned Additional Public Prosecutor, Assam for the respondent State. 3. The learned counsel for the petitioner has submitted that the petitioner is willing to cooperate with the trial. As warrant has been issued to him, he is apprehending arrest in connection with this case. Although charge sheet has been submitted against him, there is every possibility that the petitioner may be acquitted from this case. 4. The FIR unfolds that an information was received by the SI of Police that Md Ainuddin has been dealing in fake Indian currency. On the basis of this information, investigation was initiated and the Police team went to the spot, where the offence is alleged to have taken place. Md Ainuddin was apprehended, but no fake currency was found while he was being searched by the Police team. On interrogation, Md Ainuddin confessed that he along with the present petitioner and other accused named in the FIR are involved in dealing in fake gold, fake gold biscuits and counterfeit currency. 5. Learned Additional Public Prosecutor has raised serious objection stating that the petitioner could not be apprehended during investigation and he is not entitled to bail as he has been evading investigation. It is further submitted that the petitioner is alleged of committing serious offence of circulating fake Indian currency as well as fake gold and considering the gravity of the offence, the petitioner’s prayer for anticipatory bail ought to be rejected. 6. I have considered the submissions at the Bar with circumspection. Page No.# 3/4 7. I have perused the scanned copies of the Trial Court Record. 8. I have considered the submission that the petitioner is willing to cooperate with the trial. The petitioner is also willing to abide by any stringent conditions, if imposed upon him. The co-accused have also been enlarged on bail. 9. The petitioner is a local resident and he is not a flight risk. Therefore, I deem it proper to grant anticipatory bail to the petitioner. Accordingly, in the event of his arrest, the petitioner shall be enlarged on bail on furnishing bail bond of Rs. 50,000/- (Rupees Fifty Thousand Only), with a suitable surety of like amount to the satisfaction of the arresting authority, under the conditions that: i) the petitioner shall cooperate with the trial, ii) the petitioner shall not leave the jurisdiction of the learned trial Court/Elaka Magistrate, without prior permission, till completion of trial, iii) the petitioner shall refrain from such activities with which he is alleged, and iv) 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/trial Court is at liberty to cancel the bail granted to the petitioner. Page No.# 4/4 10. Anticipatory Bail Application stands disposed of. JUDGE Comparing Assistant