Page No.# 1/3 GAHC010170612026 2026:GAU-AS:11748 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1908/2026 OSMAN GONI ALIAS ABDUL GONI S/O KINU BEPARI VILLAGE - MAMUDPUR PT-I, P.S.- MATIA, DISTRICT - GOALPARA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. N UDDIN, MR S K CHHETRY,MR. M ISLAM Advocate for the Respondent : PP, ASSAM, -BEFORE- HON’BLE MR. JUSTICE ANJAN MONI KALITA ORDER 18.08.2026 Heard Mr. N. Uddin, learned counsel appearing for the accused applicant and Ms. S. H. Borah, learned Addl. PP for the State of Assam. 2. This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail to the accused applicant in connection with Matia P.S. Case No. 63/2026 registered under Section 120 (B)/420/406/506 of the Indian Penal Code. Page No.# 2/3 3. An FIR dated 16.06.2026 filed by one Rezzak Ali before the Officer-in-Charge, Matia Police Station alleging inter alia that the accused applicant along with four others, namely, (i) Abdul Kalam, (ii) JahanUddin, (iii) Minarul Islam, (iv) Sahid Ali and (v) Abdul Goni jointly promised to sell a plot of land measuring 25 lechas at village Kadamtola, Gopalpura and accordingly, a sale deed was executed by the accused persons and the informant and an amount of Rs.2,70,000/- (Rupees Two Lakhs and Seventy Thousand) was paid in five installments by the informant to the accused persons. It is alleged that although money was taken by the accused persons but the land was not given to the informant and later on, he came to know that the accused persons were not the owners of the land proposed to be sold to the informant and they were the brokers and had misappropriated the money paid by the informant. 4. The learned counsel appearing for the accused applicant submits that the accused applicant is one of the relatives of the accused person, namely, Abul Kalam and hence, his name was also included in the FIR, and no way involved in the deal that had been made between the informant and the accused persons. He further submits that the entire dispute, if at all, civil in nature, therefore, the accused applicant should be granted bail, at this stage. 5. On the other hand, Ms. S. H. Borah, learned Addl. PP for the State of Assam opposes the prayer for granting of bail to the accused applicant stating that perusal of the Case Diary would be required for cancellation of the bail. Page No.# 3/3 6. Taking into account the facts and circumstances of the case, this Court is of the considered opinion that the accused applicant should be granted pre-arrest bail. Accordingly, it is directed that in the event of the arrest of the accused applicant, namely, Osman Goni Alias Abdul Goni, he shall be released on pre-arrest bail on furnishing a bail bond of Rs.30,000/- with a suitable surety of like amount to the satisfaction of the arresting authority subject to the following conditions:- (i)that the accused applicant shall cooperate with the investigation and shall appear before the Investigating Officer within a period of 10 days from today; (ii)that the accused applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the investigating officer; and (iii)that the accused applicant shall not try to hamper or tamper with the investigation in any manner, whatsoever. 7. In terms of the above, this Anticipatory Bail application stands disposed of. JUDGE Comparing Assistant