Page No.# 1/3 GAHC010273652024 2025:GAU-AS:572 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3391/2024 BINAY KUMAR HARLALKA S/O SRI CHANDRA PRAKASH HARLALKA, R/O DHANUKA COMPLEX, BLOCK -C, SATI JAYATI ROAD, ATHGAON, GUWAHATI, PIN-781001, KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. T DEURI, MR. S P SHARMA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 21.01.2025 Heard Mr. T. Deuri, learned counsel for the applicant and Ms. N. Das, learned Additional Public Prosecutor, for the State respondent. 2. This Application under Section 482 of the BNSS, 2023 is preferred by applicant, namely, Binay Kumar Harlalka, who has been apprehending arrest in Page No.# 2/3 connection with Crime Branch P.S. Case No. 15/2024, registered under Sections 318/336/340(2) of the BNSS, 2023, for grant of pre-arrest bail. 3. It is to be noted here that, above noted case has been registered on the basis of FIR lodged by one Debajit Sarma, of Geetanagar with the Commissioner of Police, Guwahati on 30.11.2024. The essence of allegation in the FIR dated 30.11.2024, is that the applicant herein has manipulated his security cheque given by the first informant and lodged a case in the Court of learned Chief Judicial Magistrate, Kamrup, Guwahati under Section of 138 of NI Act. 4. Mr. Deuri, learned counsel for the applicant submits that this Court vide order dated 19.12.2024, was pleased to grant the privilege of interim pre-arrest bail and pursuant to the said order, he had appeared before the IO and co- operating with the investigating agency and therefore, a contention is being made that the interim order dated 19.12.2024, may be made absolute in the said terms and conditions. 5. Ms. N. Das, learned Additional PP has produced the case diary before this Court and confirmed that the applicant has been co-operating with the investigation and he had appeared before the IO and his statement is also recorded. 6. Having heard the submission of learned counsel for both the parties, I have perused the petition and the documents placed on record and also perused the case diary with the assistance Ms. Das. 7. In view of the submission of learned advocates of both sides and in view of the progress of investigation and further in view of the co-operation being extended by the applicant with the investigating agency his custodial interrogation seems to be not warranted here in this case and therefore, this Page No.# 3/3 Court is inclined to make the interim order 19.12.2024, absolute in the said terms and conditions. 8. Case dairy shall be returned. JUDGE Comparing Assistant