Page No.# 1/4 GAHC040001302025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/10/2025 Md Abul Hussain Son of Hafiz Ali Akbar, resident of Nalkata Bowalguri, PO Bogolojan, PS North Lakhimpur, District 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. Abul Husain in connection with Niti Vihar P.S. Case No.34/2024 under Section Page No.# 2/4 318 (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 present accused applicant has taken the earth mover from Jalil Haque. Upon receipt of the 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. Apprehending arrest in connection with the above case, this application is filed. 5. Mr. Timung, learned counsel for the accused applicant submits that one Mr. Jalil Haque had fraudulently sold the earth mover (KOBELCO SK210) to the accused applicant by executing an agreement for sale on 18.01.2024 for sum of Rs. 9,60,000/-(Rupees nine lakhs sixty thousand) only which Mr. Jalil Haque promised to transfer the earth mover in the name of applicant after obtaining the No Objection Certification(NOC). However, when Mr. Jalil Haque failed to transfer the earth mover to the applicant, the applicant send a notice to him to either transfer the earth Page No.# 3/4 mover or return the money. There is no involvement of the present accused applicant in the case as alleged 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. 6. Mr. T. Ete, learned Additional Public Prosecutor submits that as per the statement recorded till now, the accused applicant had purchased the earth mover from one Shri Jalil Haque as per the Agreement for sale of vehicle dated 18.01.2024 for amount of Rs. Rs. 9,60,000/-(Rupees nine lakhs sixty thousand) only. As per the record, at present stage of investigation, no case, prima facie, is made out against the present accused applicant in the case. 7. I have considered the submissions of learned counsel for the parties and also perused the case diary. 8. Record reveals that there was an agreement to sale the vehicle (Earth mover) between the accused applicant and one Shri Jalil Haque for a sum of Rs. 9,60,000/-(Rupees nine lakhs sixty thousand). As per the statement recorded and materials, the applicant, prima facie, 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. Abul Husain is entitled to the privilege of pre-arrest bail. Accordingly, the interim bail granted on 27.01.2025, is Page No.# 4/4 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 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