Page No.# 1/3 GAHC010007192026 2026:GAU-AS:2050 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/101/2026 SHRI AVATAR SINGH S/O LATE PRITAM SINGH, R/O FLAT NO. D1, ADARSHAPUR, BYE LANE 1, BEHIND SARBASIKSHA MISSION OFFICE, PO KAHILIPARA, PS DISPUR, DIST KAMRUP (M), ASSAM, PIN 781019 VERSUS THE STATE OF ASSAM THROUGH THE PP, ASSAM Advocate for the Petitioner : MR. B K DAS, H P NEOG Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 12-02-2026 Heard Mr. B. K. Das, learned counsel appearing for the accused applicant and Mr. P. J. Barman, learned Special Public Prosecutor for CM Vigilance Cell. 2. This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail to the accused applicant namely, Shri Avatar Singh, in connection with Vigilance P.S. Case No. 11/2025 under Sections Page No.# 2/3 120B/420/406/409/468/471 of the IPC read with Sections 13(1)(a)/13(2) and Section 12 of the P.C. Act, 1988. 3. The case of the accused applicant is that he had earlier been dismissed from service pursuant to a disciplinary proceeding in respect of an allegation. The said disciplinary proceeding was interfered with by this Court and liberty was granted to the disciplinary authority to proceed with a fresh disciplinary proceeding within a period of six months from the date of passing of the judgment and order dated 27.02.2025 passed in WP(C)/2211/2024. Thereafter, a fresh disciplinary proceeding was initiated against the accused applicant and he was issued with a Show Cause Notice, which was challenged by the accused applicant before the Gauhati High Court and the same was stayed vide order dated 06.08.2025 passed in WP(C)/4414/2025. 4. Learned counsel for the accused applicant, Mr. B. K. Das, submits that since the fresh departmental proceeding has already been stayed and the same is pending before this Court, the accused applicant should be allowed to go on pre-arrest bail at this stage. He further submits that the accused applicant is slated to retire from service in the month of February, 2026 and that, in terms of the order dated 21.01.2026, the accused applicant has already appeared before the Investigating Authority and is cooperating with the investigation. 5. Mr. P. J. Barman, learned Special Public Prosecutor for the CM Vigilance Cell, on the other hand, opposed the aforesaid prayer, stating that there are incriminating materials against the accused applicant in the Case Diary. 6. This Court, after considering the submissions of the learned counsel appearing for the parties and has carefully perused the Case Diary produced before this Court and is of the opinion that the interim protection granted to the Page No.# 3/3 accused applicant on 21.01.2026 should be made absolute on the same terms and conditions as prescribed in the said order. 7. In view of the aforesaid directions, the instant anticipatory bail application stands allowed and disposed of by making the order dated 21.01.2026 absolute. 8. Return the Case Diary. JUDGE Comparing Assistant