Page No.# 1/4 GAHC040001292025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/9/2025 Md. Kafiluddin Ahmed Son of Late Sapter Ali, resident of Village Dijoo Chapori, PO Dijoo Chapori, PS and District North Lakhimpur, Assam 787031 VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Geba Lomi, R Karga,J C Gogoi,A Timung Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 13-02-2025 Heard Mr. A. Timung, learned counsel for the applicant. Also Heard Mr. T. Ete, learned Additional Public Prosecutor for the State. 2. This is an application filed under Section 482 of BNSS, 2023 praying for grant of privilege of pre-arrest bail to the applicant, namely, Md. Kafiluddin Ahmed in connection with Niti Vihar P.S. Case No.34/2024 under Page No.# 2/4 Section 318 (4)/314/351 (2) of BNS, 2023. 3. The case leading to filing of this application is that an FIR was lodged on 26.10.2024 by one Shri Patey Tajuk of Niti Vihar, Itanagar against 4(four) persons including the present accused applicant to the effect that the informant and one Shri Jalil Haque had a verbal agreement to engaged earth mover( Kobelko Folkland) for 3(three) months on a monthly rent of Rs. 2,50,000/-(Rupees two lakhs fifty thousand) only. However, Jalil Haque did not pay him single money against the said earth mover. Thereafter, the informant came to know that one Mr. Nabi Husain has taken the earth mover from Jalil Haque. Upon receipt of the above FIR, a case has been registered being Niti Vihar P.S. Case No.34/2024 under Section 318 (4)/314/351 (2) of BNS, 2023. 4. The accusation is of taking away of the earth mover of the informant by 4(four) accused persons including the present accused applicant. 5. Mr. Timung, learned counsel for the accused applicant submits that applicant is nowhere involved in the case. The accused applicant is an employee of one Shri Abul Hussain who has purchased the earth mover from one Jalil Haque. Therefore, the accused applicant is not involved in the case and as such, the accused applicant may be granted pre-arrest bail. He submits that pursuant to the interim bail order dated 27.01.2025, the applicant has appeared before the Investigating Officer and he has been released on interim bail and his statement has already been recorded. Page No.# 3/4 6. Mr. T. Ete, learned Additional Public Prosecutor submits that accused applicant is a Lat Gaonbura of Dejoo Chapori village, Kimin, who has been asked to look after the earth mover by one Shri Sonowal, Head Constable of Joihing Police Out Post at Kimin, for which, the accused applicant had asked for the key of the earth mover from Abul Husain, who claimed to have purchased the earth mover from one Shri Jalil Haque. 7. I have considered the submissions of learned counsel for the parties and also perused the case diary. 8. Record reveals that the accused applicant is a Lat Gaonbura of Dejoo Chapori village at Kimin who appears to have asked to look after the earth mover, for which, he has asked the key from one Shri Abul Hussain, who claims to have purchased the earth mover from one Shri Jalil Haque. As per the statement recorded and materials, prima facie, the applicant appears to be not involved with the offence alleged at this stage. 9. Having considered above, I am of the considered opinion that the accused applicant, namely, Md. Kafiluddin Ahmed is entitled to the privilege of pre-arrest bail. Accordingly, the interim bail granted on 27.01.2025, is hereby made absolute on following conditions: (i) That the accused applicant shall cooperate with the investigation and shall appear before the Investigating Officer as and when he is directed to do so; and (ii) That the accused applicant shall not directly or indirectly make any inducement, threat or promise to the informant or to Page No.# 4/4 any other persons who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer. 10. In the result, anticipatory bail application stands allowed and disposed of. JUDGE Comparing Assistant