Page No.# 1/3 GAHC010084462026 2026:GAU-AS:10129 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/897/2026 SAPIUL SARKAR ALIAS SOPIUL SARKAR S/O LT ATOR ALI, R/O VILL KAIMARI PT VII, PO KAIMARI, PS GOLAKGANJ, DIST DHUBRI, ASSAM, PIN 783335 VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR. M R KHANDAKAR, MR. A ROHMAN Advocate for the Respondent : PP, ASSAM, MR. M S MONDAL(INFORMANT),MR A ALIM SK(INFORMANT) BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 23-07-2026 Heard Mr. M R Khandakar, learned counsel for the petitioner. Also heard Mr. P.S. Lahkar, learned Additional Public Prosecutor appearing on behalf of State respondent and learned counsel Mr. A. Ali, Sk. For the informant. Page No.# 2/3 2. This is an application u/s 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 with prayer for pre-arrest bail in connection with Golakganj P.S. Case No. 85/2026 (Corresponding to G.R. No. 392/26) u/s 316(2)/318(4)/351(3) of Bharatiya Nyaya Sanhita (BNS), 2023. 3. It is submitted by Mr. Khandakar that the present FIR has been lodged with some false and concocted allegation and on perusal of the FIR it is seen that the case is of a civil nature wherein some monetary demand is made by the informant which was due for supplying of bricks to the present petitioner. He further submitted that initially there was an agreement between one Bipul Barman, Tulsi Saha and the present petitioner to run a brick industry. But, subsequently that agreement has been cancelled and all the monetary issues have been settled subsequently at the time of cancellation of the agreement. But, subsequently with the connivance of the present informant the said Tulsi Saha issued a legal notice claiming that payment is due to Haydar Ali/informant for about 82 lakhs and subsequently this FIR has been lodged with some false and concocted allegation. However, he submitted that the petitioner is ready and willing to extend his cooperation in the further investigation of this case, if he is granted with some interim protection. 4. Mr. Lahkar, the learned Additional Public Prosecutor submitted in this regard that there is not only the allegation of cheating of more than Rs. 1 crore but, there is allegation of criminal intimation and threatening part is also brought in the FIR. 5. I have considered the submissions at the bar with circumspection. Page No.# 3/3 6. Learned Additional Public Prosecutor has raised objection against the bail prayer. Learned counsel Mr. A. Alim Sk. for the informant has also submitted that this petitioner is not entitled to bail as he is involved in cheating after inducing the informant to provide coal on debt which was never repaid. It is submitted that this is not a civil case given a criminal colour, but this is a criminal case. 7. I have also scrutinized the Case Diary. Investigation has progressed substantially. It is submitted by the learned counsel for the petitioner that the petitioner is willing to cooperate with the remaining part of investigation. The merits of the case are not brought to the fore as investigation is still continuing. 8. It appears that the petitioner may be granted pre-arrest bail. 9. Thereby, the interim order dated 05.05.2026 is made absolute under the same terms and conditions. 10. In terms of the above observation, this Anticipatory Bail application stands disposed of. 11. Send back the Case Diary. JUDGE Comparing Assistant