Page No.# 1/4 GAHC010110112026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1191/2026 SANTUCH BORUAH ALIAS CHIRANJEEVI S/O. SRI DHIREN BORUAH R/O. TINSUKIA BYPASS, BORGURI, NEAR CONVENTION CENTRE, TINSUKIA, P.O. BORGURI, P.S. DIST TINSUKIA, PIN 786126, STATE ASSAM, VERSUS THE STATE OF ASSAM REPRESENTED LD. P.P., ASSAM Advocate for the Petitioner : MR. A BARUAH, MR. J P MORE Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 28.07.2026 Heard Mr. M. Biswas, learned Counsel for the petitioner and Mr. B. Sharma, learned Additional Public Prosecutor for the State. Page No.# 2/4 2. By this application, the petitioner has prayed for bail in connection with Tinsukia P.S. Case No. 202/2025 registered under Section 61(2)/316(2)/318(4)/337/340(2)/339 of the BNS, 2023. The FIR on the basis of which the petitioner was arrayed as an accused person was lodged by the informant on 06.06.2025 alleging inter alia that the petitioner and his father along with one another person namely Liten Buragohain offered to donate two numbers of male domestic elephants to the temple namely Shri Thrippananayam Devi Temple situated at Kerela for worship as per the Hindu religious rituals. The informant further stated that the said elephants were stated to have been donated but for transportation and documentation expenses, the petitioners asked for some money and the informant had given money at regular intervals and that a total amount of Rs. 1,23,84,500/- was given by the informant to the petitioner and others. The informant further stated that the accused had not only failed in sending the elephants to the said temple but also had forged the seal and signature of the Chief Principal Conservator of Forest, Itanagar to establish the fact that they are the owners of the two male elephants. The informant also stated that they have tried to contact the petitioner and others and had visited their house but they were not found. 3. The learned Counsel for the petitioner submits that the alleged contract between the petitioner and others and the victim had taken place in the first part of the year 2024 and that the FIR was lodged on 06.06.2025. He also submits that the father of the petitioner was arrested by the police and that he was bailed out by the learned Court. He also submits that if there is any money taken by the petitioner from the informant, the recovery of the same can be Page No.# 3/4 done by other recourse to law and he further submits that there is no cheating done in the instant case by the petitioner. 4. On the other hand, Mr. B. Sharma, learned Additional Public Prosecutor for the State submits that for transportation and documenting expenses, the petitioner had taken Rs. 1,23,84,500/- from the informant for transportation of the two elephants to Kerala. He also submits that the petitioner and others had forged documents to show that the elephants belong to the petitioner and others. He as such submits that the said fact establishes the ingredients of cheating done by the petitioner concerned. He has also placed the statement of the father of the petitioner, wherein the father stated that the petitioner knows the entire facts and the money was also taken by him. 5. Upon consideration of the submissions made by the parties and on perusal of the records, more so, the fact narrated by the informant that the elephants were supposed to be donated, for transportation, crores of rupees was given to the petitioner is doubtful and as such, this Court finds it fit to enlarge the petitioner on pre-arrest bail on furnishing of bail bond of Rs. 20,000/- with one local surety of the like amount to the satisfaction of the Arresting Authority under the following conditions: i) the petitioner will appear before the Investigating Officer as and when call for. ii) the petitioner will not hamper, tamper with the evidence, neither influence the witnesses connected with the case. iii) the petitioner will not leave the place of jurisdiction without the permission of the Arresting Officer. Page No.# 4/4 6. Petition is disposed of. JUDGE Comparing Assistant