Page No.# 1/3 GAHC010180172026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2010/2026 MD MOTIUR RAHMAN ALIAS MOTIUR HAQUE SON OF MD. NURUL AMIN, R/O VILLAGE-SILPUKHURI, P.O. P.S.- MIKIRBHETA, DISTRICT-MORIGAON, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. D P BORAH, P JHA,MR U GHOSH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 30.09.2026 1. Heard Mr. D.P. Borah, learned counsel for the petitioner. Also heard Mr. K.K.Das, learned Additional Public Prosecutor for the State. 2. The petitioner, namely, Md. Motiur Rahman @ Motiur Hoque has filed this application under Section 482 BNSS, 2023, with prayer for pre-arrest bail, as he is apprehending arrest, in connection with Mikirbheta P.S. Case No. 97/2023,u/s Page No.# 2/3 120(b)/420/406/468/471/464 of the IPC. 3. Learned Additional Public Prosecutor has raised serious objection stating that the petitioner is the prime accused. He has procured several ATM cards by fraudulently opening accounts for beneficiaries to obtain benefits of Government schemes. After obtaining Aadhar card, PAN card, bank accounts have been created for several beneficiaries and thereafter, the funds received in connection with the Government schemes have been misappropriated by the petitioner through these accounts fraudulently. 4. The learned Counsel for the petitioner has raised serious objection stating that if the petitioner has been involved in such an offence, there would have been allegations from the beneficiaries, but no beneficiaries have lodged any FIR against the petitioner. It is further submitted that as there are no prima facie materials against the petitioner, no charge sheet has been submitted after three and half years of the lodgment of the FIR on 14.04.2023. 5. I have considered the submissions at the bar with circumspection. I have also scrutinized the Case Dairy. Indeed there are incriminating materials in the Case Dairy against the petitioner. The progress of investigation has been slow. The merits of the case are not brought to the fore. I have considered the submission that the petitioner is willing to co-operate with the remaining part of the investigation and to abide by any stringent bail conditions if imposed upon him. 6. In view of the foregoing discussions, it appears that anticipatory bail may be granted to the petitioner subject to certain conditions. 7. The petitioner named above shall be released on pre-arrest bail in the event of arrest on furnishing bail bond of Rs.30,000/- with a suitable surety of Page No.# 3/3 like amount to the satisfaction of the arresting authority subject to the following conditions: (i) The petitioner shall appear before the 1.0. within one week and shall co-operate with the investigation, (ii) The petitioner shall appear before the I.O. every fortnight till completion of the investigation, (iii) The petitioner shall refrain from such activities of which he is alleged, (iii) The petitioner shall not exercise any threats to the witnesses or try to influence them, (iv) That the petitioner shall not leave the jurisdiction of the Court without prior permission. 8. On breach of any of the above conditions, pre-arrest bail granted to the petitioner shall stand cancelled. 9. In terms of the above observations, the pre-arrest bail application stands disposed of. 10. Send back the Case Diary. Comparing Assistant