Page No.# 1/3 GAHC010273102024 2025:GAU-AS:4939 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3362/2024 TUFAIL UDDIN S/O AFAZ UDDIN RESIDENT OF VILLAGE DHARMAPUR BLOCK, PS LALUK, DIST LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : MR. S A AHMED, MR. F A AHMED,A. KHANAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 24.04.2025 Heard Mr. S. A. Ahmed, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the State. 2) Pursuant to the order of the Court dated 10.01.2025 for production of the up-to-date case diary of Laluk P.S. Case No 166/2024, due to non-production of the up-to-date case diary of said Laluk P.S. Case even after granting time to the concerned Investigating Officer of the case on Page No.# 2/3 many occasions; the Court, by order dated 02.04.2025 directed personal appearance of the concerned Investigating Officer of said Laluk P.S. Case No 166/2024, fixing the matter on 07.04.2025. 3) However, this matter was not listed on 07.04.2025 and after 02.04.2025, it has been listed today. 4) It is submitted by Mr. B. Sarma, learned Additional Public Prosecutor appearing for the State that the concerned Investigating Officer of said Laluk P.S. Case No 166/2024 personally came to Guwahati and handed over the up-to-date case diary of said Laluk P.S. Case No 166/2024. 5) It is seen that the case diary is up to 03.04.2025. As such, personal appearance of the concerned Investigating Officer of said Laluk P.S. Case No 166/2024 is hereby dispensed of. 6) Apprehending his arrest, the petitioner, namely, Tufail Uddin, son of Afaz Uddin, resident of village-Dharmapur Block, Police Station-Laluk, District-Lakhimpur has filed this application under section 482 BNSS, 2023 praying for his pre-arrest bail in Laluk Police Station Case No. 166/2024, registered under Sections 61(2)/318(4)/316(2) BNS, 2023 corresponding to G.R. No. 781/2024. 7) As per the FIR dated 02.10.2024 lodged by the informant before the Officer-in-Charge of Laluk Police Station, the case is that the complainant, on the last week of August 2024 received a phone call from a particular Mobile number by a person who introduced himself as Abul Biswas and called him from Banderdewa and informed the complainant that he works along with his brother at Ziro in Arunachal Pradesh and he found a gold metal weighing about 2 kgs. The complainant, on 26.09.2024 arrived at Harmuti railway station and the accused person received him on the said railway station. After reaching a house about 5-6 kms away from the railway station, the accused person showed him a gold metal piece, informing him that if an amount of Rs. 20,00,000/- is paid for the said metal, it can be transferred to him. For that purpose, the complainant on 27.09.2024, paid an amount of Rs. 5,00,000/- to a particular account and an additional amount of Rs. 30,000/- from an ATM in the afternoon on the same day. Prior to that on 26.09.2024, the complainant gave Rs. 30,000/- to the accused petitioner in cash. Later, the complainant found that the said metal given to him was fake and not gold. 8) The said FIR of the complainant dated 02.10.2024 was accordingly registered as Laluk Police Station Case No. 166/2024 under Sections 61(2)/318(4)/316(2) BNS, 2023 corresponding Page No.# 3/3 to G.R. No. 781/2024. 9) During the investigation of the case, two of the accused persons were arrested by Police. 10) Perused the case diary placed before the Court today by Mr. B. Sarma, learned Additional Public Prosecutor, Assam. 11) From the case diary, it is seen that there are sufficient incriminating materials against the petitioner with regard to his involvement in the alleged crime. 12) Case diary also indicates that the petitioner, along with the other accused persons of the case, cheated many others in that manner by selling them fake gold. 13) The materials in the case diary also showed that the complainant deposited Rs. 5,00,000/- in the particular bank account that has already been withdrawn and shared by the accused persons of the case. 14) Considering such materials in the case diary, the Court is of the opinion that it is not a fit case to grant pre-arrest bail to the petitioner in said Laluk P.S. Case No. 166/2024. 15) Accordingly, this pre-arrest bail application of the petitioner, namely, Tufail Uddin, son of Afaz Uddin in said Laluk P.S. Case No. 166/2024 stands rejected. 16) Return the case diary herewith. JUDGE Comparing Assistant