Page No.# 1/3 GAHC010254862025 2025:GAU-AS:17008 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2771/2025 NILAMONI NATH S/O PUNIRAM NATH RESIDENT OF DAKHIN PETBOHA P.S. RAHA, DIST. NAGAON, ASSAM VERSUS STATE OF ASSAM REPRESENTED BY PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. R PHUKAN, Advocate for the Respondent : PP, ASSAM, MD S ALI(INFORMANT),MR M RAHMAN (INFORMANT) BEFORE HON’BLE MR. JUSTICE RAJESH MAZUMDAR ORDER 09.12.2025 Heard Mr R Phukan, learned counsel appearing for the petitioner. Also heard Mr K K Parashar, learned Additional Public Prosecutor for the State of Assam. 2. This application under Section 482 of BNSS, 2023 has been filed by the petitioner, Page No.# 2/3 namely, Nilamoni Nath, seeking pre-arrest bail, apprehending his arrest in connection with Nagaon P.S. Case No.762/2025 under Sections 319(2)/316(2)/308(2)/3(5) of BNS, 2023, corresponding to GR Case No. 2129/2025. 3. The allegations as contained in the FIR are that on 24.09.2025 the complainant Jitendra Kalita, S/O- LI. Golok Ch. Kalita, R/O- Amolapatty. P.S., Dist Nagaon (Assam) lodged a written FIR at SSP Office, Nagaon stating that the No. 2 FIR named accused person, namely Nilamoni Nath, who is the petitioner herein, is his acquaintance person and the No.2 accused person introduced with him the No.1 accused person named Champak Kumar Bora as an officer of railway department. Both the accused persons met with about 40 people and promised to give jobs in the railway department. Accordingly, the No.1 accused person took Rs. 50,00,000/-(Rupees Fifty Lakhs) from him and No.2 accused person took Rs. 30,50,000/-(Rupees Thirty Lakhs Fifty Thousand) from him at his house. But, the accused persons did not give them any job due to which he asked the both accused persons to return the money. But, the accused persons made excuses. Moreover, the accused persons had been threatening to kill him by bullet, while he asked the accused persons to return the money. The accused persons took Rs. 80,50,000/- from him by cheating him and embezzled the whole amount. 4. It is submitted on behalf of the petitioner that the petitioner is no way connected in the alleged offence and he is working under direct control of Champak Kumar Borah. Furthermore, from the FIR itself, it transpires that the informant himself gathered the 40 persons in his own house and collected the money. Now, to save his own skin, the informant has lodged the FIR against the petitioner. The informant has not mentioned the exact date on which the money has been taken by the petitioner. From this fact, it is crystal clear that the informant has been trying to frame the petitioner to save his own skin. Hence, he has prayed for granting the privilege of pre-arrest bail to the petitioner. 5. On the other hand, learned Additional Public Prosecutor submits that the present Page No.# 3/3 accused person had fraudulently obtained money on the promise of securing jobs in the Railway Department, not only from the present victim but also from many others, as revealed by the Case Diary and the amount involved is also huge. 6. Having regard to the seriousness of the allegations and the incriminating material available in the Case Diary, the prayer for bail is rejected at this stage. 7. Send back the Case Diary. JUDGE Comparing Assistant