Page No.# 1/3 GAHC010198272026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2236/2026 SMTI TRINAYANA BORA D/O SRI PRADIP BORA RESIDENT OF BONGAON UNDAR DERGAON POLICE STATION, IN THE DISTRICT OF GOLAGHAT, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. B M CHOUDHURY, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 16.09.2026 Heard Mr. BM Choudhury, learned Counsel assisted by Mr. U. Choudhury, learned Counsel for the petitioner and Mr. B. Sharma, learned Additional Public Prosecutor for the State. 2. By this application, the petitioner has prayed for pre arrest bail in Page No.# 2/3 connection with Jorhat P.S. Case No. 218/2026 registered under Section 316(2)/318(4) of BNS, 2023. The FIR in connection with which the petitioner is apprehending arrest was lodged by the informant on 01.07.2026 stating inter alia that she had sold her vehicle to the petitioner and an agreement was also entered into between them but she stated that the vehicle, which was hypothecated to the finance company was although given to the petitioner but the petitioner had not paid the installment amount to the finance company. The informant further stated that a multiple attempts were made by the informant to contact the petitioner but he could not contact her. 3. The learned Counsel for the petitioner submits that the story narrated in the FIR is a concocted story and that the vehicle was not given in possession to the petitioner and that notice under Section 35(3) of the BNSS was served upon her and that she appeared before the police officer but then she applied for bail before the Trial Court which was rejected. 4. Mr. B. Sharma, learned Additional Public Prosecutor, on the other hand submits that the ingredient of cheating is writ large in the FIR being committed by the petitioner and as such he prays that Case Diary be called for. 5. Upon consideration of the submissions made by the learned Counsel for the parties, more so, in view of the fact that the ingredients of cheating are not discernible from the FIR, this Court deems it fit to enlarge the petitioner on pre arrest bail on furnishing of a bail bond of Rs. 20,000/- with one local surety of the like amount to the satisfaction of Arresting Authority, under the following conditions: i) the petitioner will appear before the Investigating Officer within a period Page No.# 3/3 of 10 days from the date of the order without fail. ii) the petitioner will appear before the Investigating Officer as and when called for. iii) the petitioner will not hamper, tamper with the evidence, neither influence the witnesses connected with the case. iv) the petitioner will not leave the place of jurisdiction without the permission of the Arresting Authority. 6. Petition is disposed of. JUDGE Comparing Assistant