Page No.# 1/4 GAHC010017002025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/214/2025 GUNESWAR BHARALI S/O SRI LABARAN BHARALI VILL- KATHALGURI, THEKERAGURI, P.S. GOGAMUKH DIST. DHEMAJI, ASSAM PIN-787056 M. NO. 6000783323 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR K BHUYAN, MR H A AHMED,MR N ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 17.02.2025 1. Heard Mr. K. Bhuyan, the learned counsel for the petitioner. Also heard Mr. P. S. Lahkar, the learned Additional Public Prosecutor for the State respondent. Page No.# 2/4 2. This application has been preferred under Section 482 of the BNSS 2023, by the petitioner, namely, Guneswar Bharali who is apprehending his arrest in connection with Gogamukh P. S. Case No. 11/2025 registered under Sections 318(4)/336/(3) of the BNS, 2023. 3. The gist of the accusation in this case is that one Block Development Officer of Bordoloni development Block had lodged an FIR before the Officer In Charge of Gogamukh Police Station inter-alia, alleging that the petitioner had fraudulently withdrawn funds from construction committee bank account from the scheme “Construction of Sadhani College of Educational Institute of at Latak G. P. for in the year 2022-23 an amount of Rs. 7,00,000/- under Chutia Development Council by forging the signatures of Member Secretary Sri Palash Jyoti Dutta, former In-Charge, Block Development Officer. 4. The learned counsel for the petitioner has submitted that the petitioner is the president of the Construction Committee of Sadhani College of Educational Institute and the fund which has been released has been properly utilized for the constructions by the Construction Committee, which has already been dissolved. 5. The learned counsel for the petitioner has submitted that the petitioner is ready to cooperate in the investigation and his custodial detention may not be necessary for fair completion of the investigation. 6. On the other hand, learned Additional public prosecutor has opposed the grant of anticipatory bail to the petitioner on the ground that there are incriminating materials against the present petitioner of having forged the signatures of the earlier Member Secretary for withdrawing the amount. Page No.# 3/4 7. I have considered the submissions made by learning counsel for both the sides and have perused the materials available on record including the case diary of Gogamukh P. S. Case No. 11/2025 which was requisitioned in connection with this case. 8. On perusal of the records, it appears that the amount of Rs. 5,48,184/- out of the total amount of Rs. 7,00,000/- for this scheme has been utilized for construction of the Sadhani College Institution. 9. It also appears that these the petitioner has cooperated in the investigation and his statement has also been recorded under Section 180 of BNSS, 2023. 10. Considering the entire aspect of the matter, this Court is of opinion that if the petitioner cooperates with the Investigating Officer, his custodial interrogation may not be necessary for fair completion of the investigation. Hence, the above name petitioner is directed to appear before the Investigating Officer of Gogamukh P. S. Case No. 11/2025 within a period of seven days from the date of this order and cooperate in the investigation. If he does so within the said period, in the event of his/her arrest in connection with Gogamukh P. S. Case No. 11/2025, he shall be allowed to go on bail of Rs. 30,000/- (Rupees Thirty thousand only), with one surety of like amount to the satisfaction of the arresting authority subject to the following conditions: i. That the petitioner shall co-operate in the investigation. ii. That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts of the case before the Investigating Officer. Page No.# 4/4 11. With the above observations, this anticipatory bail application is disposed of. 12. Send back the case diary. JUDGE Comparing Assistant