Page No.# 1/3 GAHC010190022026 2026:GAU-AS:13009 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2138/2026 RATUL ALI ALIAS MD RATUL ALI SON OF MD. SAMSUL ALI, RESIDENT OF VILLAGE BAMUNBORI (MAJAR CHUPA), P.S. MUKALMUA, DISTRICT NALBARI, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. N J DUTTA, MS. R SULTANA,MR. M M ZAMAN,MR N AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 08.09.2026 1. Heard Mr. N.J. Dutta, learned counsel appearing for the petitioner. Also heard Mr. R.J. Baruah, learned APP appearing for the State of Assam. 2. By this application, the petitioner has prayed for the grant of pre-arrest bail in connection with Mukalmua P.S. Case No. 134/2026 registered under Sections 318(2)/316(2)/315(2) of the BNS, 2023. Page No.# 2/3 3. The FIR in connection with which the petitioner apprehends arrest was lodged on 20.08.2026 by the General Secretary of Swahid Sowarani Senior Secondary School alleging inter alia that the petitioner had collected Rs.100/- from each student in the name of a scheme in the said school. 4. It is further alleged that the petitioner had collected money in the name of admission from students who had failed. It is stated that the scheme under which the petitioner collected the money was required to be implemented without charging any amount from the students. 5. Mr. Dutta, learned counsel appearing for the petitioner submits that pursuant to the lodging of the FIR the Inspector of Schools by a letter dated 24.08.2026 intimated the Academic In-charge of the concerned school that whatever money had been collected from the students should be refunded to them. The Inspector of Schools also requested the said authority to submit a detailed report regarding the service of the petitioner. 6. The learned counsel has further placed before this Court a letter dated 27.08.2026 wherein it is stated that the money collected from the students was refunded to them at a meeting held on 27.08.2026. The learned counsel therefore submits that although the petitioner may have committed some misconduct, he has subsequently rectified the same. 7. Mr. R.J. Baruah, learned APP appearing for the State however submits that although the money was subsequently returned the offence had already been committed when the petitioner collected money from each student particularly when no such collection of money was permissible under the scheme. He therefore submits that the case diary may be called for to ascertain the further complicity of the petitioner in the alleged offence. Page No.# 3/3 8. Upon consideration of the submissions made by the learned counsel for the parties and more so in view of the fact that the money collected by the petitioner was subsequently returned to the students who in turn returned the same to the school authorities, this Court is of the view that the petitioner had in effect returned the money in question. Accordingly, this Court deems it fit to grant the petitioner pre-arrest bail upon furnishing a bail bond of Rs.20,000/- with one local surety of the like amount to the satisfaction of the Arresting Authority subject to the following conditions: (i) The petitioner shall positively appear before the Investigating Officer within a period of 10 days from today and corporate with the investigation without any failure, (ii) The petitioner shall not hamper and tamper with the evidence of the case, and/or influence the witness connected with the case; and (iii) The petitioner shall not leave his residence without prior permission of the Investigating Officer. 9. It is made clear that if the petitioner is found to be involved in any such offence in the future, the bail granted to the petitioner shall be liable to be cancelled. 10. Accordingly, this Anticipatory Bail application is disposed of. JUDGE Comparing Assistant