Page No.# 1/4 GAHC010062952025 2025:GAU-AS:4358 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/709/2025 PANKAJ KUMAR BORAH S/O- LATE ARUN CH BORAH, R/O- H NO. 2, GANESH NAGAR, PO BELTOLA, PS BASISTHA, PIN- 781029, GUWAHATI, DIST- KAMRUP (METRO), ASSAM PH. NO. 9167790909 VERSUS THE STATE OF ASSAM REP NY THE PP, ASSAM Advocate for the Petitioner : MS IVY HUSSAIN, MS A HUSSAIN Advocate for the Respondent : PP, ASSAM, MR P PRAWAR (INFORMANT),MR Y KOTHARI(INFORMANT) BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 08.04.2025 1. Heard learned counsel Ms. I.Hussain for the petitioner Pankaj Kumar Borah who has filed this application under Section 482 of the BNSS, 2023 praying for pre-arrest bail apprehending arrest in connection with Dispur PS Case No. 247/2025 under Section 319(2)/318(4)/316(2) of the BNS, 2023. Page No.# 2/4 2. Learned Addl.Public Prosecutor Mr. K.K.Das is present for the State respondent and learned counsel Mr. P.Prawar is present for the informant. 3. The allegation against the petitioner is that he published an advertisement and accepted an amount of Rs.40,000/- from the informant to construct an ATM enclosure. After executing an agreement, the ATM franchise was constructed by the informant but the informant was not allowed to operate the ATM. After several requests, the petitioner who promised to operate the ATM under the Hitachi Company, failed to keep his promise and when the informant tried to contact the petitioner, his mobile phone was found to be switched off. 4. It is submitted on behalf of the petitioner that it has been falsely alleged that the Hitachi Company had an agreement only with the S.V.Tech and Services, Authorised Master Franchise for North Eastern Region as there is also an agreement executed between S.V.Tech and Services and the petitioner which is marked as Annexure-4 for distribution of Hitachi ATM and according to the terms and conditions of the ATM, this will enable the petitioner to operate the ATM. 5. I have considered the submissions at the Bar with circumspection. 6. Learned Addl.Public Prosecutor has raised serious objection stating that this is indeed a case of cheating and there are incriminating materials against the petitioner. Money was procured through false advertisement. 7. Learned counsel for the informant has also raised serious objection. 8. It is submitted on behalf of the petitioner that petitioner is willing to return the amount to the informant but the informant is asking for Rs.2,00,000/- Page No.# 3/4 instead of Rs.40,000/-. 9. I have scrutinized the Case Diary. 10. Considering all the aspects, the prayer for pre-arrest bail is allowed. 11. In the event of arrest of the petitioner named above in connection with aforementioned case, he shall be released on pre- arrest bail on furnishing bail bond of Rs.30,000/- with a surety of like amount to the satisfaction of the arresting authority subject to the following condition: 1. The petitioner shall appear before the investigating officer within one week from today and shall co-operate in the investigation, 2. The petitioner shall not exercise threats or influence any witness, 3. The petitioner shall refrain from committing any such similar offence of which he is accused of. 12. On breach of any of the bail condition, the pre-arrest bail order shall stand automatically cancelled. 13. The pre-arrest bail application stands disposed of. 14. Send back the Case Diary. JUDGE Page No.# 4/4 Comparing Assistant