Page No.# 1/4 GAHC040018252024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/157/2024 Mr Momar Nyorak Son of Late Rimo Nyorak, resident of Yeggo Village, PO and PS Aalo, West Siang District, Arunachal Pradesh. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Vijay Jamoh, Bakar Dulom,B Padung Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 13-02-2025 Heard Mr. V. Jamoh, learned counsel for the applicant. Also Heard Mr. T. Ete, learned Additional Public Prosecutor for the State. 2. This is an application under Section 482 of BNSS, 2023 for grant of privilege of pre-arrest bail to the applicant, namely, Momar Nyorak in connection with Aalo P.S. Case No. 63/2024 under Section 318 (4)3(5) of Page No.# 2/4 BNS, 2023. 3. The FIR was lodged on 14.10.2024 by one Nyali Bagra alleging against one Shri Dheeraj Pao, Managing Director of M/s H.D.D Services Private Limited, Guwahati, Assam, and the present applicant of cheating and misappropriation of fund. On receipt of the above FIR, a case has been registered being Aalo P.S. Case No. 63/2024 under Section 318 (4)3(5) of BNS 2023. 4. Apprehending arrest, the accused applicant has filed this applicantion for grant of privilege of pre-arrest bail. 5. Mr. V. Jamoh, learned counsel for the accused applicant submits that the accused applicant is a Government servant working as Assistant Veterinary Officer in the Department of Animal Husbandry, Government of Arunachal Pradesh. On meeting one Shri Dheeraj Pao, at Itanagar who introduced himself to be working on the project of installation of mobile tower in the entire North East India including Arunachal Pradesh, he asked the accused applicant whether he is interested to carry out the work in his home town. Since, the work would require a huge investment, he promised Mr. Dheeraj Pao to look out for prospective businessmen from his home town. Thereafter, he met the informant who has shown keen interest to do the work proposed by Mr. Dheeraj Pao. The role of the accused applicant is only to the extent of liaisoning between Mr. Dheeraj Pao and the informant. He further submits that a Memorandum of Understating (MoU), thereafter, was entered between Mr. Dheeraj Pao and Mr. Nyali Bagra on 13.02.2023 whereby both Mr. Dheeraj Pao and the Page No.# 3/4 informant had agreed to carry out the work of installation of mobile tower. By the present FIR, the accused applicant accordingly, to Mr. V. Jamoh, learned counsel, has been falsely implicated as the informant had voluntarily entered into an agreement with Mr. Dheeraj Pao to carry out the work of installation of mobile tower. Therefore, V. Jamoh, learned counsel for the applicant submits that no case is made out against the present applicant as his role was only of liaisoning. As such, he prays that applicant may be granted pre-arrest bail. 6. Mr. T. Ete, learned Additional Public Prosecutor submits that in terms of the order of this Court, the statement of the accused applicant has already been recorded and there would not be any further custodial interrogation. 7. I have considered the submissions of learned counsel for the parties and also perused the case diary. 8. Prima facie, the case has arisen out of business transaction between one Mr. Dheeraj Pao, who claims to be Managing Director of M/s H.D.D Services Private Limited, Guwahati, Assam for installation of mobile towers wherein the informant has agreed to work on the said project. The record also reveals that the role of accused applicant is of liaisoning between one Mr. Dheeraj Pao and the informant. Thus, I find that, prima facie no case of commission of alleged offence is made out against the accused applicant. It is also stated at the bar that the main accused Mr. Dheeraj Pao has also been granted bail by this Court on 27.01.2025. 9. Having considered the materials on the case diary and also Page No.# 4/4 considering that the informant and the main accused, Shri Dheeraj Pao have entered into an agreement for work of installation of mobile towers which prima facie appears to be a civil dispute, I am inclined to admit the accused applicant, namely, Momar Nyorak to bail. Accordingly, the interim bail granted on 23.12.2024, is hereby made absolute on the 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. (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. It is made clear that observation made herein above is only for the purpose of consideration of the bail of the accused applicant and it shall in any case, not be construed a comment on the merits. 11. In the result, anticipatory bail application stands allowed and disposed of. Case diary be returned. JUDGE Comparing Assistant