Page No.# 1/2 GAHC010024212025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/259/2025 ANWAR HUSSAIN BORBHUYAN S/O- MD NOOR UDDIN BORBHUYAN, R/O- DOBOKA TOWN, WARD NO. 4,P.O. AND P.S. DOBOKA, DIST- HOJAI, ASSAM, PIN- 782440 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. D P BORAH, MR B PAUL,MS. S BORO Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 18.02.2025 Heard Mr. D.P. Borah, the learned counsel appearing for the petitioner as well as Mr. K. Baishya, the learned Additional Public Prosecutor for the State of Assam. 2. Mr. Baishya prays for some more time to produce the case diary. 3. Today, I have gone through the FIR. 4. The informant and the present petitioner had an agreement for sale of a plot of land at a Page No.# 2/2 price of₹11,20,000/-. The informant paid an advance amount of ₹9,20,000/- and agreed to pay the remaining amount at the time of execution of the registered sale deed. It is alleged in the FIR that thepresent petitioner did not execute the registered sale deed in time in spite of repeated requests. It is further alleged that subsequently the petitioner informed the informant that he would return the said advance amount to him instead of selling the land. Thereafter, the money was not returned. 5. On a plain reading of the FIR, it is clear that it is a pure civil dispute. The informant has other forums to seek relief. The FIR does not disclose the elements of a criminal case against the present petitioner. Therefore, the present petitioner does not deserve to be detained in custody. His pre-arrest bail application is allowed. 6. It is hereby directed that in the event of arrest in connection with Doboka P.S. Case No. 16/2025, the petitioner, Anwar Hussain Borbhuyan shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of the arresting authority. With the aforesaid direction, the bail application is disposed of. JUDGE Comparing Assistant