Page No.# 1/3 GAHC010273662024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3368/2024 NITUL CHANDRA DAS S/O- LATE FATIK DAS, R/O- BANNIBARI, P.O- BANNIBARI, P.S- MUKALMUA, DIST- NALBARI, ASSAM, PIN-781126 VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : PRADIPTA TALUKDAR, MR. P DUTTA,MR W R MEDHI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 28.01.2025 Heard Mr. W.R. Medhi, learned counsel for the applicant and Mr. B. Sarma, learned Additional Public Prosecutor for the State respondent. 2. Apprehending arrest in connection with the Hatigaon P.S. Case No. 254/2024, under Sections 120(B)/406/420/468 of the I.P.C., this application under Section 482 of the B.N.S.S., is preferred by applicant namely, Nitul Chandra Das for grant of pre-arrest bail. 3. It is to be noted here that the said case has been registered on the Page No.# 2/3 basis of one F.I.R., lodged by one Ameet Borah, on 26.09.2024. The essence of allegation in the F.I.R. is that one Nekib Ali had executed a sale deed, vide Sl. No. 24190, Deed No. 20786, dated 07.12.2021, in the office of the Senior Sub- Registrar, Kamrup (M) at Guwhati, without the knowledge of the informant and his father and on account of his father’s illness he had executed a sale deed, being Sl. No. 861, Deed No. 868, dated 07.01.2023, along with an irrevocable general power of attorney, vide Deed No. 212, Sl. No. 862, dated 07.01.2023 and he did not pay a single penny to him and thereafter, he came to know that he had executed a sale deed on 07.12.2021, before execution of the agreement for sale and power of attorney and applied for mutation for the schedule plot of land vide mutation application reference No. RTPS/MUTD/2023/905851/2023- 02-27, before the office of the Circle Officer, Dispur. 4. Mr. Medhi, learned counsel for the applicant submits that the applicant is no way involved with the offence alleged in the F.I.R. and that one of the co-accused, namely Dipanjali Das has already been granted the privilege of pre-arrest bail by this court, vide A.B. No. 3034/2024, dated 03.01.2025. Mr. Medhi further submits that in connection with Dispur P.S. Case No. 384/2024, the applicant was granted regular bail by this court. Mr. Medhi also submits that the present applicant is ready to cooperate with the investigating agency and therefore, it is contended to allow the petition. 5. On the other hand, by producing the Case Diary before this Court, Mr. Sarma, learned Additional Public Prosecutor submits that if the accused is enlarged on bail at this stage, then he may destroy the evidence of T.I. Book and Fee Book of the office of Sub-Registrar, which he has kept with some other reliable person. Mr. Sarma further submits that he has been absconding and evading police arrest and therefore, it is contended to dismiss the petition. Page No.# 3/3 6. Having heard the submission of learned Advocates of both sides, I have carefully gone through the petition as well as the documents placed on record and also perused the case diary produced before this court with the assistance of Mr. Sarma, learned Additional Public Prosecutor. 7. The case diary indicates that the I.O. has collected sufficient incriminating materials in support of the allegations made in the F.I.R. It further appears that the investigation is still going on and some important documents are yet to be recovered and seized. 8. In view of the above facts and circumstances, this court is of the view that this is not a fit case where the privilege of pre-arrest bail can be extended to the applicant and therefore, the same is dismissed. 9. The case diary be returned. JUDGE Comparing Assistant