Page No.# 1/4 GAHC010002532025 2025:GAU-AS:853 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/25/2025 PRANJAL SONOWAL S/O SRI TIKHESWAR SONOWAL, RESIDENT OF HAHKHATI TEA GARDEN , GRANT NO 1 , PS KAKOPATHAR , TINISUKIA, ASSAM, 786152 VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM Advocate for the Petitioner : MR. N HASAN, MR. A HASAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 27.01.2025 Heard Mr. N. Hasan, learned counsel for the petitioner. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State respondent. This is an application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for grant of pre-arrest bail to the accused/petitioner, who is apprehending arrest in connection with Dibrugarh P. S. Case No. 11/2024, registered under Sections 409/420 of IPC [corresponding to G. R. Case No.17/2024]. The Case Diary has been received and I have perused the same. It is submitted by the learned counsel for the petitioner, Mr. Hasan, that the earlier bail application filed by the petitioner was rejected by this Court after perusal of the case diary. However, the petitioner later approached the learned Court below, requesting that the status report of the present case be called for. By order dated 16.12.2024, the Court directed the I.O to submit a report, which was duly provided on 30.12.2024. This report, annexed as Annexure-5 in the petition, indicates that there has been significant progress in the investigation, and the case now only pending for the interrogation of the petitioner. He further submitted that at the relevant time of the incident, the petitioner was working as a constable and thus, he cannot commit such an offence without the involvement of a superior officer. Moreover, the petitioner Page No.# 3/4 has already been suspended from his service, and departmental proceeding has been initiated against him. In light of the progress in the investigation and other aspects of the case, he prays for the privilege of pre-arrest bail, with any stringent bail conditions imposed on him. Further, the petitioner is willing to comply with any terms and conditions of the bail and is ready to furnish suitable surety to the satisfaction of the Court. Furthermore, he is also ready to co- operate with the ongoing investigation, if granted the privilege of pre-arrest bail. In this context, Mr. Das, the learned Additional Public Prosecutor, has submitted that there is sufficient incriminating material against the present petitioner, who is involved in the misappropriation of over 56 lakhs, as revealed from the materials available in the case diary. He further submits that the petitioner continued the offence, and it was only discovered when the S.P.'s accounts branch identified the anomalies. He further submits that no new grounds have been brought to reconsider the petitioner's bail, which was previously rejected after perusal of the case diary. After hearing the submissions of the learned counsels for both sides, I have perused the case diary and the case record. It is evident that the earlier bail application was rejected after perusal of the case diary, considering the nature of the offence and the involvement of the petitioner. The case diary reveals an allegation of misappropriation of over 56 lakhs, which the petitioner received in the name of a fine and thus, misappropriated a huge amount of public money. The investigation is still ongoing, and custodial interrogation may be necessary for further inquiry. In light of the nature and gravity of the offence, I find that custodial interrogation of the petitioner may be required to unearth additional facts. Accordingly, I am of the view that this is not a fit case where the privilege of Page No.# 4/4 pre-arrest bail can be granted to the accused/petitioner at this stage and accordingly, the same stands rejected. In terms of above, this anticipatory bail application stands disposed of. The Case Diary be sent back. JUDGE Comparing Assistant