Page No.# 1/3 GAHC010061742025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/664/2025 UTTAM JYOTI NATH S/O SRI INDRA MOHAN NATH, RESIDENT OF VILLAGE JAKARUWA (FULAGURI) PO DIGHALDARI, PS RAHA, DIST NAGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. R BORA, MR. D GOGOI,MS R MEDHI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 22.04.2025 1. Heard learned counsel Mr. R. Bora for the petitioner Uttam Jyoti Nath who has filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as he is apprehending arrest in connection with Kheroni Police Station Case No. 04/2025 under Sections Page No.# 2/3 61(2)/306/317(4)/3(5) of Bharatiya Nyaya Sanhita, 2023. 2. Heard Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam. 3. Learned Additional Public Prosecutor has raised objection against the bail petition. It is submitted that there are incriminating materials in the Case Diary against the petitioner. 4. The allegation against the petitioner is that he along with the co-accused have misappropriated some articles which were sent through a vehicle bearing registration No. AS23-CC-3544. It is submitted that the informant travelled along with the petitioner up to Sonapur. 5. It is further submitted that the vehicle which has been found missing has already been seized in connection with this case. The articles are however missing. The petitioner has submitted that he has not misappropriated the articles from the vehicle. The co-accused has already been enlarged on bail. The co-accused is also on the same footing but as notices have been issued against him, he could appear before the Investigating Officer. The petitioner could not appear before the Investigating Officer as notices were not issued against him. 6. The petitioner is willing to co-operate with the remaining part of investigation. The petitioner's marriage is to be solemnized today. The marriage invitation card has been submitted on behalf of the petitioner. 7. I have considered the submission that the petitioner is willing to co-operate with the remaining part of investigation. I have considered the submission that the petitioner's marriage is to be solemnized today. 8. Considering all aspects, petition is allowed. In the event of his arrest, the petitioner shall be enlarged on bail on furnishing a bail bond of Rs. 30,000/- with a suitable surety of like amount to the satisfaction of the arresting authority Page No.# 3/3 under the conditions that: (i) The petitioner shall appear before the Investigating officer within 1 (one) week and cooperate with the investigation, and (ii) The petitioner shall refrain from such activities with which he is alleged. 9. On breach of any of the bail conditions, bail order shall automatically stand cancelled. 10. Send back the Case Diary. JUDGE Comparing Assistant