Page No.# 1/3 GAHC010004512025 2025:GAU-AS:647 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/51/2025 BISHWAJIT SHARMA S/O LATE BIRAJ SHARMA, RESIDENT OF VILLAGE KATLABARKUCHI, PS NALBARI, DIST NALBARI, ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : MR. RASHIDUL ISLAM, MR A K DAS,MR Z HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 22.01.2025 Heard Mr. Z. Hussain, learned counsel for the applicant. Also heard Ms. N. Das, learned Additional Public Prosecutor for the State respondent. 2. Apprehending arrest in connection with Garchuk P.S. Case No. 353/2024, under Sections 305/317(2)/3(5) of the BNS, this application under Section 482, Page No.# 2/3 BNSS is preferred by applicant, namely, Bishwajit Sharma, for grant of pre-arrest bail. 3. It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by one Krishan Kumar Katari on 07.11.2024. The essence of allegation in the FIR, dated 07.11.2024, is that on 06.11.2024, at about 11:30 p.m., one Biswajit Haloi, Dipak Saha, Arup Sarma and Reba Deka committed theft of tiles in an Intra Pickup vehicle, bearing Registration No. AS- 01-QC-8501, and in the said process, they had also used one motorcycle, bearing Registration No. AS-14-Q-6220 and one Koushik Ray was the driver of the pickup vehicle. 4. Mr. Hussain, learned counsel for the applicant submits that the name of the present applicant finds no mention in the FIR, but he is being harassed by police and therefore, he has approached this Court by filing the present application, and that he is ready to cooperate with the investigating agency, and therefore, it is contended to allow the application. 5. On the other hand, Ms. Das, the learned Additional Public Prosecutor has produced the case diary before this Court and submits that the materials collected so far in the case diary are inadequate to show complicity of the applicant with the offence alleged in the FIR. 6. Having heard the submissions of learned Advocates of both sides, I have gone through the application and the documents placed on record and also perused the case diary with the assistance of Ms. Das, learned Additional Public Prosecutor. 7. It appears that there is inadequacy of material in the case diary to show the complicity of the applicant with the offence alleged in the FIR. Under such Page No.# 3/3 circumstances, custodial interrogation of the applicant seems to be not warranted herein this case and therefore, is Court is inclined to allow this application. 8. Accordingly, it is provided that in the event of arrest of the applicant in connection with Garchuk P.S. Case No. 353/2024, under Sections 305/317(2)/3(5) of the BNS, he shall be released on pre-arrest bail on executing a bond of Rs. 50,000/- with one surety of like amount to the satisfaction of the arresting authority. The above privilege is, however, subject to the following conditions: (i) The applicant shall make himself available for interrogation by the Investigating Officer as and when required; (ii) The applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and (iii) The applicant shall not leave the jurisdiction of the learned C.J.M., Kamrup(M) without prior permission. 9. In terms of above, this application stands disposed of. 10. Case diary be returned. JUDGE Comparing Assistant