Page No.# 1/3 GAHC010274472024 2025:GAU-AS:678 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3415/2024 ATABUR RAHMAN ALIAS ATAUR RAHMAN SON OF NAIBUDDIN, RESIDENT OF BARGHULI, POLICE STATION- DALGAON, DISTRICT- DARRANG, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM Advocate for the Petitioner : MR P S RAJA, MR A B DUTTA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 22-01-2025 Heard learned counsel Mr. A.B. Dutta for the petitioner Atabur Rahman @ Ataur Rahman, who has filed this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as he is apprehending arrest in connection with Dalgaon Police Station Case No. 205/2024 under Section 142/310(2) of the Bharatiya Nyaya Sanhita, 2023. Page No.# 2/3 2. Heard Mr. K. Baishya, learned Additional Public Prosecutor, Assam for the respondent State. 3. The allegation against the petitioner is that he along with his companions committed dacoity by forcefully confining the informant and by snatching away Rs.1,60,000/- (Rupees One Lac Sixty Thousand) from his possession. 4. This subsequent bail application has been filed under new circumstances as the allegation against the informant and his cousins is that the informant’s cousin Sarwar Alom robbed the petitioner of Rs.2,00,000/- (Rupees Two Lacs) and thereafter, demanded Rs.3,00,000/- (Rupees Three Lacs). An FIR was submitted which was not registered. It is further submitted that a GD entry has been recorded but the police disagreed to provide the GD entry of the case registered against the informant’s cousin Sarwar Alam. 5. I have scrutinized the Case Diary. 6. There are incriminating materials in the Case Diary against the petitioner. I have also considered the submissions that the petitioner is willing to cooperate with the investigation and also to cooperate with the trial if ever charge sheet is laid against him. I have also considered the submission that the petitioner is a local resident and he is not a flight risk. 7. Considering all aspects, petition is allowed. 8. In the event of his arrest, the petitioner shall be enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that :- Page No.# 3/3 (i) the petitioner shall appear before the Investigating Officer within ten days and cooperate with the investigation, (ii) the petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation, (iii) the petitioner shall refrain from such activities with which he is alleged and maintain the peace, (iv) the petitioner shall not leave the jurisdiction of the Court without prior permission. 9. On breach of any of the bail conditions, the bail order shall automatically stand cancelled. 10. In terms of the above observation, this Anticipatory Bail Application stands disposed of. 11. Send back the Case Diary. JUDGE Comparing Assistant