Page No.# 1/3 GAHC010036522025 2025:GAU-AS:1845 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/411/2025 UJJAL SENGUPTA ALIAS UJJAL SEN GUPTA S/O SAJAL SENGUPTA, RESIDENT OF KOKRAJHAR TOWN, WARD NO. 1O. PO PS AND DIST KOKRAJHAR, ASSAM PRESENTLY RESIDING AT GRB ROAD, WARD NO. 8 NEW GAURIPUR VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, A S CHOUDHURY,SAMIM RAHMAN,MR. SURAJIT DAS,MR A W AMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 21.02.2025 Heard Mr. S. Das, learned counsel appearing for the petitioner. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State of Assam. This is an application under section 482 of the BNSS, 2023 praying for Page No.# 2/3 grant of pre-arrest bail to the petitioner in respect of Gauripur P.S. Case No. 407/2024, under section 61(2)/336(2)/336(3)/340(2) of the BNS, 2023. The Circle Officer, Gauripur Revenue Circle had lodged an FIR before the police alleging that Pramod Kumar Jain is the owner of a particular plot of land in the village- Gauripur Town Part-IV. It is alleged that the present petitioner had got his name mutated in respect of the said land. According to the informant, on an application filed by Pramod Kumar Jain, he had immediately cancelled the mutation of the present petitioner and restored the name of Pramod Kumar Jain in the land records. The informant further alleges that on the basis of a fake registered sale deed, the present petitioner managed to get his name mutated in respect of the said land. Today, Mr. Das has submitted that Pramod Kumar Jain had got his name mutated in respect of the said land on the basis of a sale deed, where his name does not appear. Mr. Das has further submits that mutation of the name of Pramod Kumar Jain in respect of said land is also illegal. Mr. Das has clarified that the present petitioner along with his mother has been in occupation of the said land for a long time and Pramod Kumar Jain is trying to evict them from the said land and that is the reason why these problems are created by Pramod Kumar Jain artificially. I have considered the submissions made by the learned counsel for the both sides. On a plaint reading of the FIR, it is clear that there are no allegations of any criminal case against the petitioner. It is purely a civil dispute and therefore, the aggrieved parties, if there be any may move the appropriate Court for Page No.# 3/3 seeking relief. With the aforesaid observation, the prayer for pre-arrest bail is allowed. The petitioner does not deserved to be detained in custody for the said FIR. Therefore, it is hereby directed that in the event of arrest of the petitioner, namely, Ujjal Sengupta @ Ujjal Sen Gupta, in connection with Jog Gauripur P.S. Case No. 407/2024, the arresting authority shall release him on bail of Rs.20,000/- with one surety of like amount to the satisfaction of the arresting authority. If require, the petitioner shall cooperate with the Investigating Officer. With the aforesaid direction, this pre-arrest bail application stands disposed of. JUDGE Comparing Assistant