Page No.# 1/4 GAHC010253292025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2734/2025 SHRI DHANTI BURAGOHAIN SON OF SRI. BHOLA BURAGOHAIN, RESIDENT OF TENGA PARA, POST OFFICE-MAKUM PATHER POLICE STATION-MARGHERITA DISTRICT- TINSUKIA, ASSAM PIN-786187 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. T DEURI, U BHARADWAJ,MS. L WANGSA,MR. P K BORAH,MS A DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 19.11.2025 1. Heard Mr. T. Deuri, learned counsel for the accused applicant. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the respondent State. 2. This application has been filed under Section 482 of Bharatiya Nagarik Page No.# 2/4 Suraksha Sanhita, 2023 for granting pre-arrest bail to the accused applicant in connection with Margherita P.S. Case No. 127/2025 under Sections 112/303(2)/308(2) of the BNS read with Section 3 of the Prevention of Damage to Public Property Act, 1984. 3. The FIR was lodged on 18.10.2025 before the Margherita P.S. by one, Suman Sut, SI(P), alleging that the three trucks loaded with coal were intercepted by a Police team of Margherita P.S. and on enquiry it was found that those trucks were carrying coal without any valid documents or permit. It was alleged that similar type of offence involving illegal transportation of coal had been going on for some time involving certain suspected organized group of people. It was also alleged that on the basis of certain credible information, it was found that certain individuals including the accused applicant have been extorting money using the name of Margherita P.S. for illegal passing of the aforementioned three trucks. 4. It was also alleged that during the enquiry, the drivers of the aforementioned vehicles were arrested and apprehended. On further investigation, it was found that the vehicles were loaded with illegal coal by the accused applicant along with some other co-accused persons. On receipt of the FIR, Margherita P.S. Case no. 127/2025 under the aforementioned sections was registered against the accused applicant. 5. Learned counsel for the accused applicant submits that the accused applicant is no way linked to any illegal transportation of coal. He submits that he and the co-accused were only engaged in loading of the coal in the Truck which was supposed to be delivered in Tezpur. Therefore. He submits that his involvement in the alleged offence is only to the extent of loading the coal in the Truck. He further submits that he is not involved in any kind of extorting money Page No.# 3/4 in the name of Police officials. In view of the aforesaid, he submits that the accused applicant is willing to co-operate with the investigation, therefore, he should be granted pre-arrest bail at this stage. 6. On the other hand, learned Additional Public Prosecutor for the respondent State submits that the offences in the instant case is of organized crime and since the investigation in the matter is still ongoing, at this stage, pre-arrest bail should not be granted to the accused applicant. 7. This Court has gone through the allegations mentioned in the FIR as well as the other materials brought on record. This Court has also heard the submissions made on behalf of the respective parties and taking the facts of this case in it’s entirety, this Court is of the considered opinion that this is a fit case wherein the accused applicant should be granted the privilege of pre-arrest bail. 8. Accordingly, in the event of his arrest by the Arresting Authority, the accused applicant is directed to be released on furnishing a bail bond of Rs. 20,000/- with a surety of like nature to the satisfaction of the Investigating Officer in connection with Margherita P.S. Case No. 127/2025, subject to the conditions that:- (i) He shall appear before the Investigating Officer within a period of 10 (ten) days of passing of this order, (ii) He shall co-operate with the investigation and appear before the Investigating Officer as and when required, and (iii) He shall not try to tamper or hamper with the investigation in the instant case. Page No.# 4/4 9. In view of the aforesaid, this pre-arrest bail is disposed of as allowed. JUDGE Comparing Assistant