Page No.# 1/4 GAHC010263982025 2025:GAU-AS:16598 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2801/2025 ATISH KR TIWARI S/O LATE SHIV SANKAR TIWARI,PERMANENT ADDRESS VILLAGE SAIDPURA,P.O SAIDPURA, P.S GORIAKOTHI,DISTRICT- SIWAN, BIHAR. VERSUS THE UNION OF INDIA REPRESENTED BY THE DIRECTORATE OFENFORCEMENT, ITANAGAR SUB-ZONAL,5TH FLOOR, MAINAAK TOWER, G.S ROAD,CHRISTIAN BASTI, GUWAHATI 781005. Advocate for the Petitioner : MR G PHUKAN, MS A GOGOI Advocate for the Respondent : DY.S.G.I., BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 03.12.2025 Heard Mr. G. Phukan, learned counsel appearing for the accused/applicant. Also heard Ms. L. Devi, learned Standing Counsel, Enforcement Directorate (ED) appearing for the respondent. Page No.# 2/4 This is an application under Section 482 of the BNSS, 2023 for grant of pre-arrest bail to the accused/applicant, viz., Atish Kr. Tiwari in connection with File No.ITSZO/2/2024/1537. The learned counsel for the accused/applicant submits that summons dated 23.09.2025 was issued to the applicant by the Assistant Director of Enforcement Directorate, Ministry of Finance, Government of India, Itanagar Sub-Zonal Office asking him to appear on 10.10.2025 before the Itanagar Sub-Zonal Office. The learned counsel submits that since the accused was residing in Bihar, he received the aforesaid summons about a month later of issuance of the summons and therefore, he could not make himself available before the concerned authority at Itanagar Sub-Zonal Office. The learned counsel for the accused/applicant submits that whatever the GST that was due to the authority has already been paid by him and he is very much willing to cooperate with the investigation and appear before the authority as and when the summons is received by him. Therefore, he submits that, at this stage, since he is apprehending arrest by the ED authorities, he has placed this pre-arrest bail application for his release on pre-arrest bail. The learned Standing Counsel, ED has submitted that a summons dated 02.12.2025 has already been issued to the accused/ applicant requesting him to appear on 15.12.2025. Therefore, she submits that the Page No.# 3/4 accused/applicant can very well go and appear before the concerned authority and for this pre-arrest bail may not be required. This Court has gone through the materials brought before the Court and also considered the submissions made by the respective counsels. Taking note of the fact that the accused/applicant had missed to appear before the ED authorities on receipt of the first summons as he was staying in Bihar and since he is now willing to appear before the ED on the next date, this Court is of the view that the privilege of pre-arrest bail should be granted to the accused/applicant at this stage. Accordingly, it is directed that in the event of his arrest by the ED officials in connection with the aforementioned case, the ED shall release him on furnishing a bail bond of Rs.50,000/- with two sureties of like amount to the satisfaction of the ED authorities subject to the following conditions :- (1) That the accused/applicant shall appear before the ED authorities on the next date fixed i.e. 15.12.2025. (2) That the accused/applicant shall surrender his Passport, Adhaar Card, PAN Card as well as Electoral Voting Card before the ED. (3) That the accused/applicant shall cooperate with the investigation and make himself available before the ED as and when called for. Page No.# 4/4 On violation of any of the aforementioned conditions by the accused/applicant, the ED shall be at liberty to approach the appropriate forum for cancellation of the bail. With the above observation, this Anticipatory Bail Application stands disposed of. JUDGE Comparing Assistant