Page No.# 1/4 GAHC010252092025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2714/2025 SHRI RAJESH BORAH @ MOINA (WRONGLY RECORDED AS RAJESH AXOM IN THE FIR) S/O SHRI NAREN BORAHR/O VILL AND P.O. MISSA, P.S. KALIABOR DIST. NAGAON, ASSAM, PIN-782138. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A J SARMA, MR. H ROHMAN,MR G ALAM,MR. P D NAIR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 18.11.2025 Heard Mr. P.D. Nair, learned counsel for the accused/applicant. Also heard Mr. P. Barthakur, learned Additional Public Prosecutor for the State. 2. This is an application under Section 482 of the BNSS, 2023 praying for Page No.# 2/4 granting pre-arrest bail to the accused/applicant in connection with Kaliabor P.S. Case No. 115/2025 under Sections 308(4)/3(5) of the BNS, 2023. 3. An FIR was lodged by S.I. Birsing Bordoloi before the Officer-in- Charge, Kaliabor Police Station, alleging that the accused/applicant, along with others, had circulated blank receipts to certain brick kiln owners situated in the Missa area and had allegedly demanded a sum of Rs. 50,000/- for running their organization. It was further alleged that these blank receipts, which did not bear the signatures of any person, were seized from the possession of one Dipak Kumar Borah, the manager of one of the brick kilns. Upon receipt of the FIR, the police registered Kaliabor P.S. Case No. 115/2025 under the aforesaid sections. 4. Mr. P.D. Nair, learned counsel for the accused/applicant, has submitted that although the case has been registered against the accused/applicant under Section 308(4) of the Bharatiya Nyaya Sanhita, 2023, a bare perusal of the allegations made in the FIR does not disclose the commission of any offence warranting registration under the said provision. He further submits that the receipts allegedly seized do not contain the signature of the accused/applicant. It is also contended that the FIR does not contain any allegation of causing death, grievous hurt, or any attempt to kill, which is essential for attracting Section 308(4) of the BNS, 2023. 5. The learned counsel for the accused/applicant submits that the accused/applicant was issued a notice under Section 35(3) of the BNSS, 2023, and in compliance with the said notice, he appeared before the Investigating Officer at 12:30 p.m. as well as at 7:00 p.m. on 04.11.2025, Page No.# 3/4 whereupon his statement was duly recorded by the police. It is further submitted that the accused/applicant has been cooperating with the investigation and undertakes to continue to do so during the further course of the investigation. In view of the aforesaid circumstances, it is contended that the accused/applicant deserves to be granted pre-arrest bail. 6. Mr. P. Barthakur, learned APP for the State, on the other hand, submits that the case diary in the instant case ought to be called for, and without perusal of the case diary, the present application for pre-arrest bail should not be considered by this Court. 7. This Court has perused the materials placed on record and has also heard the submissions advanced by the learned counsel for the respective parties. Taking into consideration the allegations made in the FIR, as well as the fact that the accused/applicant has already appeared before the Investigating Officer and is cooperating with the investigation, this Court is of the view that the accused/applicant deserves the benefit of pre-arrest bail. 8. Accordingly, it is directed that in the event of arrest of the accused/applicant, he shall be released on bail on furnishing a bail bond of Rs. 20,000/- with one surety of like amount to the satisfaction of the Investigating Officer, subject to the following conditions: (i) The accused/applicant shall cooperate with the investigation and appear before the I/O as and when called for. Page No.# 4/4 (ii) The accused/applicant shall not tamper with the evidence or influence the witnesses connected with the case. 9. Accordingly, the instant pre-arrest bail application is disposed of. JUDGE Comparing Assistant