Page No.# 1/6 GAHC040002662025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/17/2025 Monaj Kumar Bora Son of Late Koshewar Bora, resident of Kalyanpur, Ward No.11, PO and PS Biswanath Chariali, District Biswanath, Assam 784176 VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Diganta Sarma, Advocate for the Respondent : P P of AP, Page No.# 2/6 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 11-03-2025 Heard Mr. Z. Alam, learned counsel for the applicant. Also heard Ms. L. Hage, learned Addl. PP and Mr. M. K. Agarwal, the informant appearing in person. 2. This is an application under Section 482 of BNSS, 2023 praying for grant of pre-arrest bail to the accused applicant in connection with Doimukh P.S. Case No. 03/2025 registered under Section 120B/420/465/468/471/193/34 IPC. 3. It is submitted by Mr. Alam, the learned counsel for the accused applicant is innocent and earlier FIR was lodged against him, wherein, the case was Charge-Sheeted and on the same set of allegation, the present FIR has been lodged, wherein, it is alleged that he produced some false and fabricated documents which was fraudulent in nature. The present FIR is lodged before the Doimukh Police Station with the allegation of production of false document i.e. the agreement of sale, which has been annexed as annexure-4 to the petition. He further submitted that from the Charge-Sheet itself, it is seen that the agreement of sale has already been seized in connection with Latasil P.S. Case No. 78/2021 which has already been Charge-Sheeted. Thus, from the Charge-Sheet of the said Latasil P.S. Case No. 78/2021, it is evident that the documents which is alleged to have been forged is already in the custody of the Court as the case has already been Charge-Sheeted in connection with Latasil P.S. Case No. 78/2021. Accordingly, at present, the custodial interrogation of the Page No.# 3/6 accused applicant is not required, however, he is ready and willing to co- operate with the I.O. of the case in the further investigation of the case. He further submitted that prayer for cancellation of bail filed by the prosecution was also rejected by the learned Addl. Sessions Judge No. 1 in connection with AB No.215/2023 dated 30.06.2023. However, it is submitted that the accused applicant is ready and willing to co-operate with the I.O. of the case, if he is granted with the privilege of pre-arrest bail. 4. Ms. L. Hage, learned Addl. PP submits that the case is of serious in nature and from the Status report submitted by the I.O. of the case, it is seen that the case is at the initial stage of investigation. She further submitted that one AB No. 12/2023, which was filed in connection with Dibrugarh P.S. Case No. 442/2018 was earlier rejected by this Court, however, subsequently another bail application being AB No. 3239/2019 was filed, wherein, the accused applicant obtained the order of bail by suppressing the material facts and the said order of granting bail is also under challenge which is being fixed before Hon’ble Mr. Justice P. J. Saikia and the same is fixed on 12.03.2025. She further submitted that the case of the accused applicant is pending in different Courts since 2017 and applying fraud in every matter, he obtained bail on various occasions. Further, she submitted that in such a situation, custodial interrogation of the accused applicant is very much essential and at the same time, 2 (two) other accused is absconding and they could not be interrogated by the police. Accordingly, she submitted that this is not at all a fit case where the privilege of pre-arrest bail can be extended to the accused applicant. Page No.# 4/6 5. Mr. Agarwal, the informant appearing in person has submitted that the Status report of the investigation. He further submitted in Paragraph-3 of the petition, which states that “the accused applicant is totally innocent and is in no way connected with the alleged offence. However, recently in the absence of the accused applicant, the police visited to the residence of the accused applicant and instructed the family members to send him to the Doimukh police station for interrogation. After coming to know that the police visited the residence of the accused applicant and now he is apprehending his arrest in connection with Doimukh P.S. Case No.03/2025”. Accordingly, it is submitted by him from the Status report submitted by the I.O. of the case that a notice under Section 41A Cr.P.C. was issued to the accused applicant asking him to appear before the I.O. of the case on 13.01.2025 and in compliance of the said notice, the accused applicant, namely, Monaj Kumar Bora submitted a medical certificate issued by Dr. Dhuba Jyoti Phukan, MS (General Surgery) of Biswanath Charali certifying that the accused applicant is suffering from Lumbo sacral disc Lesion from 20/12/2024. Thereafter, another notice under Section 41A Cr.P.C. was also issued to the accused applicant asking him to appear before the I.O. of the case on 18.01.2025 and the Medical Officer who issued the certificate was also served with a notice to appear and to produce requisite documents on 18.01.2025 but he denied to appear before the I.O. of the case and till date, the accused applicant did not appear before the I.O. of the case to co-operate in the investigation complying the notice issued under Section 41A Cr.P.C.. Further, it is submitted by Mr. Agarwal that the accused applicant had suppressed the entire facts of the case and he produce some false and fabricating Page No.# 5/6 documents. During investigation it has come to the knowledge of the I.O that 4 (four) excavators are yet to be recovered and he had admitted about the possession of 2 (two) excavators. 6. Mr. Agarwal, the informant appearing in person submitted that these facts itself amount to fraud and in that regard relied on a decision of the Hon’ble Supreme Court in the case of S.P. Chengalvaraya Naidu-vs- Jagannath and Others; reported in (1994) 1 SCC 1 and also relied on WP (Crl.) 491/2022. Accordingly, it is submitted that custodial interrogation is very much essential for the accused applicant and it is not at all a fit case to extend the privilege of pre-arrest bail to the accused applicant. 7. Considering the entire submissions of the learned counsel for both the sides, I have also perused the case record, the annexures filed along with the bail application and the materials available in the Case Diary. From the entire submission and from the records, it is seen that there are 3 (three) numbers of cases pending against the accused applicant and the Latasil P.S. Case No. 78/2021 has already been Charge-Sheeted, however, other 2 (two) cases are still pending for investigation in connection with Dibrugarh P.S. Case No.442/2018 and the present P.S. Case i.e. Doimukh P.S. Case No. 03/2025. 8. From the various documents collected and from the materials available in the Case Diary, it is seen that the accused applicant is alleged to have produce some fake and fabricated documents before the Court even while obtaining the bail order by suppressing the material facts and one of the bail order is also under challenge which is still pending before this Court. Page No.# 6/6 9. Considering the entire facts and circumstances of this case and the nature of offence levelled against the accused applicant and other aspect of the matter, I find that custodial interrogation of the accused applicant may be required to unearth some other facts of this case and also for the interest of just and proper investigation. 10. In view of the above findings and what has been enunciated in the foregoing paragraphs, I do not find that this is a fit case where the privilege of pre-arrest bail can be extended to the accused applicant, namely, Monaj Kumar Bora in connection with Doimukh P.S. Case No. 03/2025 registered under Sections 120B /420 /465 /468 /471 /193 /34 IPC and the same stands rejected. This bail application stands disposed of. JUDGE Comparing Assistant