Page No.# 1/4 GAHC010182132025 2025:GAU-AS:16697 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2164/2025 SOFIQUL ISLAM AND ANR S/O ASMAT ALI R/O ROUMARI NEAR MASJID P.S.NAGAON SADAR P.O. SOLMARI DIST. NAGAON ASSAM PIN-782002 2: RASHID AHMED S/O HUSSAIN ALI R/O KAWAIMARI P.S. JURIA P.O. JURIA DIST. NAGAON ASSAM PIN-782140 VERSUS THE STATE OF ASSAM REP. BY THE PP ASSAM ------------ Advocate for : DARAK ULLAH Advocate for : PP ASSAM appearing for THE STATE OF ASSAM B E F O R E HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 03.12.2025 Heard Mr. A.Deka, learned counsel for the petitioners. Also heard Mr. R.J. Page No.# 2/4 Boruah, learned Additional Public Prosecutor, Assam. 2. This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail in connection with CID PS Case No. 15/2025 under Section 61(2), 318(4), 336(3)/340(2) of BNS, 2023. 3. An FIR was lodged by the Deputy Superintendent of Police, CID, Assam on 31.07.2025 before the Officer-in-Charge, CID, Police Station stating that information has been received from a reliable source that during the recruitment process for Graduate and Post-Graduate teachers under the Education Department, more than 50 candidates have submitted Pass Certificates allegedly issued by Techno Global University, Madhya Pradesh, which are fake. 4. The petitioners were candidates in the aforesaid recruitment process and had also submitted a B.Ed. Pass Certificate issued by said Techno Global University, Madhya Pradesh and hence, apprehending arrest has preferred the instant pre-arrest bail application. 5. The petitioners have asserted in the instant pre-arrest bail application, that Techno Global University, Madhya Pradesh is a recognized university for pursuing B.Ed examination and have been granted recognition by the NCTE, enabling it to carry out B.Ed Training Course. Accordingly, the petitioners have pursued the B.Ed course and completed the same from the said University and their certificate is a valid one. 6. 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 Page No.# 3/4 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 students of the said University and hence, the certificate submitted by them is a fake and forged one. 7. From the above, it prima facie appears that the petitioners have sought to mislead the Court by asserting that they had undergone the B.Ed Course from the aforesaid Techno Global University, Madhya Pradesh. 8. 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 petitioners 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. 9. Learning counsel for the petitioners submitted that all the offences mentioned in the FIR are punishable by imprisonment up to 7 years and the I.O could very well have proceeded under Section 35 BNSS, 2023 and issued notice to the petitioners for his appearance as laid down in Arnish Kumar Vs. State of Bihar and Another reported in (2014) 8 SCC 270. Page No.# 4/4 10. That in my view is a different aspect of the matter as we are concerned with whether the petitioners are entitled to the privilege of pre-arrest bail, the offences involved being non-bailable. 11. The remedy available to the petitioners for violation of Section 35 BNSS, 2023 and the directions of the Supreme Court in Arnish Kumar (Supra) if any, cannot be availed of in the pre-arrest bail application. 12. Having regard to the above, the necessity of custodial interrogation cannot be ruled out. Consequently, the prayer for pre-arrest bail stands rejected. 13. The order of interim bail stands vacated. 14. Send back the Case Diary. JUDGE Comparing Assistant