Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC040002972025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/21/2025 Robin Bukalsaria Son of Late P R Bukalsaria, resident of Ward No.3, Naharkatiya, PO and PS Naharkatiya, Dibrugarh District, Assam 786610
VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Rajesh Sonar, Michi Khambo,Binny Nyaruce,R Taku Advocate for the Respondent : P P of AP,
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 19.03.2025 Heard Mr. R. Sonar, learned counsel for the applicant and Mr. D. Loyi, learned Public Prosecutor for the State of Arunachal Pradesh. This is an application filed under Section 482 of the Bhartiya Nagarika Suraksha Sanhita, 2023, praying for grant of pre-arrest bail to the accused applicant, namely, Shri Robin Bukalsaria in connection with Naharlagun P.S. Case No.20/2025, under Sections 466/468/471/34 IPC. Page No.# 2/3 The learned counsel for the applicant submits that the informant was awarded a contract work by the Director, Food & Civil Supplies Department, Govt. of Arunachal Pradesh. On 07.10.2024, the informant visited the office of the Food & Civil Supplies Department to pursue the payment of his bills. During his visit, he came to know that the present applicant by forging the signature of the informant had made a Power of Attorney in the informant’s name and was attempting to receive the payment. It has been submitted by the learned counsel for the applicant that the contract awarded to the informant was to be executed in the District of Tirap. The informant, who hails from Itanagar, contends that due to the long distance, he had entrusted the work to the present applicant, who is from a place called Naharkatia Town, which is nearer to the District of Tirap. The informant had accordingly entered into a contract with the applicant that the present applicant will execute the work on his behalf and the total bill amount would be shared between them. It was agreed by the parties that 33% of the bill amount will be given to the applicant, while the remaining will be taken by the informant. Subsequently, a dispute arose between them regarding the distribution of the said amount. According to Mr.
Sonar, learned counsel for the applicant that the informant later backed out and refused to pay the money to the applicant and that is why false FIR has been lodged. It may be mentioned that pursuant to the interim order dated 27.02.2025, granted by this Court, the applicant has already appeared before the I.O. of the case and has been co-operating with the investigation. After considering the submissions made by the learned counsel for both the side and also considering the facts and circumstances relating to the case,
Page No.# 3/3 this Court is of the opinion that the applicant, namely, Shri Robin Bukalsaria does not deserve to be detained in custody for the allegation brought against him. Accordingly, the pre-arrest bail application stands allowed. The interim pre- arrest bail dated 27.02.2025, passed by this Court is hereby made absolute. With the above, this anticipatory application stands disposed of. Return the CD. JUDGE Comparing Assistant