Page No.# 1/4 GAHC010274752024 2025:GAU-AS:2031 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3406/2024 DEBASISH BARUA S/O- AJIT CH. BARUA R/O- HOUSE NO .B-3, BYE LANE NO.2, NAYANPUR, GANESHGURI, GUWAHATI-05 P.S- DISPUR, DISTRICT- KAMRUP (M), ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR J ISLAM, MR J ISLAM,MR M A ISLAM,MR J I MONDAL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 27.02.2025 Heard Mr. J. I. Mondal, learned counsel for the petitioner and Mr. P. Borthakur, learned Additional Public Prosecutor, Assam for the State. 2) Apprehending his arrest, the petitioner, namely, Debasish Barua, son of Ajit Ch. Barua, resident of House No. B-3, Bye Lane No. 2, Nayanpur, Ganeshguri, Police Station-Dispur, District- Kamrup (Metro) has filed this application under section 482 BNSS, 2023 praying for his pre-arrest Page No.# 2/4 bail in Hatigaon Police Station Case No. 254/2024, registered under Sections 120(B)/ 406/ 420/ 468 IPC, corresponding to G.R. No. 6720/2024. 3) Petitioner is an employee in the Office of the Sub-Registrar, Kamrup (Metro), Guwahati and serving as an Extra Writer in the said Office since 2018. In addition to that, he looks after other financial works assigned to him by the Sub-Registrar. Petitioner also stated that during his such service, he acted sincerely and dedicatedly without any blemish. 4) As per the FIR dated 26.09.2024 lodged before the Hatigaon Police Station by the complainant, the case is that his father expired on 28.03.2024. After expiry of his father, one Nekib Ali, son of Hafiz Ali, giving a back date, executed a Deed of Sale vide Sl. No. 24190, Deed No. 20786 dated 07.12.2021 in the Office of the Senior Sub-Registrar, Kamrup (Metro), Guwahati without the knowledge of the complainant and his father pertaining to the land specified in the schedule of the said Sale Deed dated 07.12.2021 that is owned by the complainant. 5) In the said FIR, the complainant stated that due to urgent medical expenses to treat his father and because of financial crisis, he executed an Agreement for Sale vide Deed No. 868, Sl. No. 861 dated 07.01.2023 along with Irrevocable General Power of Attorney vide Deed No. 212 and Sl. No. 862 dated 07.01.2023 in favour of said Nekib Ali in the Office of the Senior Sub- Registrar, Kamrup (Metro), Guwahati. But, said Nekib Ali did not pay any amount to the complainant in spite of making several requests made to him. In the FIR it is stated that the complainant on 25.09.2024 came to know that said Nekib Ali had already executed a Sale Deed on 07.12.2021. Before execution of said Agreement of Sale and Power of Attorney dated 07.01.2023, said Nekib Ali applied for mutation for the scheduled plot of land vide mutation application Reference No. RTPS/MUTD/2023/905851 dated 27.02.2023 before the Office of the Circle Officer, Dispur Revenue Circle, Kamrup (Metro), Guwahati. 6) In said FIR dated 26.09.2024, the complainant gave the schedule of the land involved in the case measuring 1 (one) Katha and 6 (six) Lechas, at Dag No. 730 of K. P. Patta No. 678, situated at Revenue Village-Hatigaon, K. K. Bhatta Path, Mouza-Beltola, Revenue Circle-Dispur, District-Kamrup (Metro), Assam under the jurisdiction of the Sub-Registrar, Kamrup (Metro), Guwahati. 7) Said FIR of the complainant dated 26.09.2024 was entered as Hatigaon Police Station G.D. Entry No. 26 dated 26.09.2024. After making an inquiry, the Enquiry Officer submitted an Page No.# 3/4 Inquiry report stating that the allegation lodged by the complainant in the FIR dated 26.09.2024 was found to be correct and accordingly, the said FIR dated 26.09.2024 was registered on 12.11.2024 under Sections 120(B)/406/420/468 IPC, corresponding to G.R. No. 6720/2024. 8) It is stated by Mr. J. I. Mondal, learned counsel on behalf of the petitioner that he is not an FIR named accused and that the FIR named accused person, namely Nekib Ali has already been arrested by Police in the case. 9) Mr. Mondal, learned counsel for the petitioner, also submitted that this Court by order dated 03.01.2025 passed in A.B. No. 3034/2024 granted pre-arrest bail to the concerned lawyer who executed the alleged back dated Sale Deed dated 07.12.2021 involved in said Hatigaon P.S. Case No. 254/2024. As such Mr. Mondal, learned counsel has submitted that considering the same and as he is no way connected with the said case, pre-arrest bail of the petitioner in said Hatigaon P.S. Case No. 254/2024 should be considered. 10) Perused the case diary placed before the Court today by Mr. P. Borthakur, learned Additional Public Prosecutor, Assam. 11) From the case diary, it is seen that Police have already arrested said Nekib Ali, the FIR named accused person as found involved in a fake and back dated Sale Deed involved in said Hatigaon P.S. Case No. 254/2024. 12) From the case diary, it is also seen that the concerned Sub-Registrar of Kamrup (Metro), Guwahati indicated that the Sale Deed involved in the case appears to have been executed in the year 2021 by using the User ID of the concerned Sub-Registrar of Kamrup (Metro),Guwahati who was serving as Sub-Registrar of Kamrup (Metro), Guwahati at the relevant point of time. However, it was found that at the time when the alleged Sale Deed involved in the case was executed, the concerned Sub-Registrar, under whose ID the said Sale Deed was registered on 07.12.2021, was already transferred to Nagaon and was serving at Nagaon as a Senior Sub-Registrar. 13) Case diary indicates that it is the petitioner and another Extra Writer, namely, Nitul Ch. Das who were serving in the Office of the Sub-Registrar, Kamrup (Metro), Guwahati used the User ID of the said Sub-Registrar in the Office of the Kamrup (Metro) who was already transferred to Nagaon, while registering the Sale Deed involved in Hatigaon P.S. Case No. 254/2024 by giving a back date on 07.12.2021. 14) The relevant materials in the case diary also shows that it is the petitioner along with the Page No.# 4/4 other Extra Writer Nitul Ch. Das used the User ID of the said Sub-Registrar of Kamrup (Metro) who had already been transferred to Nagaon and registered the said Sale Deed involved in Hatigaon P.S. Case No. 254/2024 by giving the back date of 07.12.2021. 15) Case diary indicates that though Police, on many occasions, visited the concerned Office of the Sub-Registrar, Kamrup (Metro), Guwahati as well as house of the petitioner, he was not found and as such Police asked his family members to inform the petitioner to appear before the Investigating Officer of said Hatigaon P.S. Case; but the petitioner did not appear before the concerned Investigating Officer of the case. 16) Case diary further indicates that the petitioner along with the other Extra Writer Nitul Ch. Das while serving as Extra Writers in the Office of the Sub-Registrar, Kamrup (Metro), Guwahati were arrested in Crime Branch Case No. 03/2024 because of forgery of land documents and were forwarded to the Judicial Custody and both of them were suspended from service. The petitioner did not indicate those facts in the present petition. 17) Considering such incriminating materials in the case diary, this Court is of the opinion that it is not a fit case to grant pre-arrest bail to the petitioner, namely, Debasish Barua, son of Ajit Ch. Barua in said Hatigaon P.S. Case No. 254/2024. 18) Accordingly, this pre-arrest bail application of the petitioner, namely, Debasish Barua, son of Ajit Ch. Barua in said Hatigaon Police Station Case No. 254/2024 stands rejected. JUDGE Comparing Assistant