Page No.# 1/3 GAHC010182132025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2731/2025 1. ARIFUL ISLAM AND ANR S/O NAWSED ALI RO VILL CHOTO RUPAHI HERAPATI PS NAGAON DIST NAGAON ASSAM 2: ASHIKUL ISLAM S/O KOFIL UDDIN R/O VILL CHOTO RUPAHI HERAPATI PS NAGAON DIST NAGAON ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR ASSAM ------------ Advocate for : MR SARFRAZ NAWAZ Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No.# 2/3 B E F O R E HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 03.12.2025 Heard Mr. Sarfraz Nawaz, learned counsel for the petitioners. Also heard Mr. R.J. Boruah, learned Additional Public Prosecutor, Assam. 2. This is an application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for granting of pre-arrest bail in respect of the accused/petitioners, namely, 1) Ariful Islam 2) Ashikul Islam, in connection with CID P.S. Case No. 15/2025 under Section 61(2)/318(4)/336(3)/340(2) of the Bharatiya Nyaya Sanhita, 2023. 3. Perused the FIR wherefrom it appears that some candidates are alleged to have submitted fake pass certificates issued by one Techno Global University, Madhya Pradesh. 4. The CD as called for has been received and learned Addl Public Prosecutor has drawn the attention of the this Court to the Report dated 29.08.2025 submitted to the Deputy Superintendent of Police, CID, Assam jointly by the Registrar as well as Controller of Techno Global University, Madhya Pradesh in response to the query of the Investigating Officer, stating that the petitioners had never enrolled themselves as a student of the said University and hence, the certificate submitted by him is a fake and forged one. 5. It is further submitted that pursuant to interim order passed by this Court, the petitioners have appeared before the I.O and have co-operated with the Page No.# 3/3 investigation. On the other hand, the I.O in his bail objection has stated that several candidates in their statements have specifically mentioned few link men and facilitators who supplied them with course documents in exchange for money and in order to ascertain the larger nexus and identify other beneficiaries and to secure further evidence and as network level investigation is still ongoing, the active interrogation of the petitioner is very much required. The Addl. Public Prosecutor has also stated that the petitioners if allowed to go on pre-arrest bail may disrupt the ongoing investigation by influencing other key witnesses. 6. On perusal of the Case Diary, it appears that there is material to indicate that the petitioners were linkmen in procuring and supplying the certificate in question. 7. Having regard to the above, the necessity of custodial interrogation cannot be ruled out. Consequently, the prayer for pre-arrest bail stands rejected. 8. The order of interim bail stands vacated. 9. Send back the Case Diary. JUDGE Comparing Assistant