Page No.# 1/4 GAHC040014362025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/107/2025 Dr Dhrubajyoti Phukan Son of Late Siva Prasad Phukan, resident of Koch Gaon, Ward No.2, PO and PS Biswanath Chariali, Biswanath District, Assam 784176 VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : D Sarmah, Shahina Nazneen Advocate for the Respondent : P P of AP, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 31.10.2025 Heard Ms. S. Nazneen, learned counsel for the applicant. Also heard Ms. T. Jini, learned Additional Public Prosecutor for the State respondent. 2. This is an application under Section 482 of the BNSS, 2023 praying for privilege of pre-arrest bail to the accused/applicant, namely, Dr. Dhrubajyoti Phukan, in connection with Doimukh P.S. Case No. 03/2025, under Sections 120B/420/465/468/471/ 193/34 of the Indian Penal Code, 1860. 3. A complaint was lodged by one Shri Manish Kumar Agarwal on 25.12.2024 before the Officer-In-Charge of Doimukh Police Station alleging that one accused, namely, Manoj Kumar Bora, used a fraudulent deed of agreement for sale before this Court in an anticipatory bail application, being AB No. 12/2023. On receipt of the said F.I.R., a case was registered, being Doimukh P.S. Case No. 03/2025, under Sections 120B/420/465/468/471/ 193/34 of the Indian Penal Code, 1860. 4. Ms. S. Nazneen, learned counsel for the applicant, submits that the applicant is a doctor by profession and a resident of Biswanath Chariali, Assam and engaged in private practice. A Notice was received from the Inspector of Doimukh Police Station asking the applicant to appear before him. Upon enquiry, the applicant came to know that one Manoj Kumar Bora used a fraudulent deed of agreement for sale in his anticipatory bail application before this Court. Accordingly, the above case has been registered. She submits that the accused/applicant is no way connected with the aforesaid case and he is not Page No.# 3/4 named in the F.I.R. also. She submits that one Manoj Kumar Bora approached the applicant as a patient and he was thoroughly checked up and thereafter a certificate was issued to him as the person was suffering from certain ailments. The certificate was issued genuinely to the said Manoj Kumar Bora without having any ill intention. Therefore, she submits that the accused/ applicant may be granted the privilege of pre-arrest bail. 5. Ms. T. Jini, learned Additional Public Prosecutor, submits that, although, in view of the leave from duty of the Investigating Officer, no Case Diary or Status Report could be produced, there appears no connection with the present accused/applicant in the case as the role of the accused/applicant is limited to issuance of medical certificate to said Manoj Kumar Bora. Therefore, she submits that in the event, the petitioner is granted pre-arrest bail, she would not have any serious objection. 6. Perused the materials available on record. 7. Apprehending arrest, the present application has been filed by the applicant on receipt of the Notice under Sections 91 and 41(A) Code of Criminal Procedure, 1973. It appears that the applicant, being a doctor by profession, issued a certificate to one Manoj Kumar Bora after examining him due to complaint of certain ailments. The role seems to be only of treatment by a doctor to his patient. The allegation does not indicates any fraudulent use of documents by the applicant, rather it is against one Manoj Kumar Bora, who has been alleged to have used a fraudulent documents in the proceedings of anticipatory bail application before this Court in a separate case. Thus, I am of the considered view that the accused/applicant is entitled to be admitted to the privilege of pre-arrest bail. Page No.# 4/4 8. This Court granted interim bail to the applicant by an order dated 28.08.2025 9. In view of above, the accused/applicant, namely, Dr. Dhrubajyoti Phukan, is granted with the privilege of pre-arrest bail in connection with Doimukh P.S. Case No. 03/2025, under Sections 120B/420/465/468/471/193/34 of the Indian Penal Code, 1860. Consequently, the interim bail granted to the accused/applicant vide order dated 28.08.2025 is hereby made absolute. 10. The anticipatory bail application stands disposed of. JUDGE Comparing Assistant