Page No.# 1/4 GAHC010007852026 2026:GAU-AS:5915 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/144/2026 SRI GOKUL SARMA AND ANR S/O BHAGABAN SARMA, RESIDENT OF WARD NO. 12, NALBARI TOWN, PO AND PS NALBARI, DIST NALBARI, ASSAM 781335 2: SRI ASHIM BHAGAVATI S/O SUBASH BHAGABATI RESIDENT OF BHUPENDRA NAGAR 2 NO. MATHGARIA NARENGI PO NARENGI GUWAHATI CITY PS NOONMATI DIST KAMRUP M ASSAM 78102 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A A R KARIM, MR. A CHAUDHURY,MR. N MAHAJAN,MR. A DEB,MR. A DEB,GK GOGOI,Ms. R. R. BORAH Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 29-04-2026 Heard Mr. A. Choudhury, learned counsel appearing for the accused applicants and Mr. K. K. Parasar, learned Additional Public Prosecutor for the State. 2. This is an application under Section 482 of the BNSS, 2023 praying for pre- arrest bail to the accused applicants in connection with Nalbari P.S. Case No. 338/2025, registered under Sections 61(2)/316(2)/318(4)/336(3)/340(2) of the BNS, 2023. 3. The gist of the allegations made in the FIR, dated 03.12.2025, is that the accused applicants had been issuing fake certificates of an institute, namely, North East Council for Allied Health Sciences at Nalbari town. It is alleged that the informants, after receiving the aforesaid fake certificates upon payment of fees as stated in the FIR, applied for various paramedical jobs in different hospitals, however, the hospital authorities informed them that the certificates were, in fact, fake. 4. Upon receipt of the FIR, the police registered the Nalbari P.S. Case No. 338/2025 under the aforementioned sections. 5. The accused applicants had earlier approached this Court by filing an anticipatory bail application, i.e., AB/2983/2025. After consideration of the said application, this Court, vide its order dated 18.12.2025, rejected the prayer for anticipatory bail of the accused applicants. 6. The accused applicants contend that they have been running the institute Page No.# 3/4 with all necessary permissions, however, certain documents are yet to be received by them. They further contend that such documents are in the process of being obtained and therefore, no offence has been committed by them in issuing the certificates. It is also contended that the institute is run by trained faculty members and that students are being imparted paramedical education in accordance with proper syllabus. 7. Mr. Choudhury, learned counsel for the accused applicants, submits that all documents necessary for the proper investigation of the case have already been seized by the Investigating Officer and are presently in his custody. He, therefore, submits that custodial detention of the accused applicants is not required at this stage and further submits that the accused applicants are willing to fully cooperate with the investigation. 8. Mr. Choudhury, learned counsel for the accused applicants, further submits that no notice under Section 35(3) of the BNSS, 2023 has been issued to the accused applicants, which is mandatory in nature, in view of the settled law laid down by the Hon’ble Supreme Court. 9. Mr. Parasar, learned Additional Public Prosecutor for the State, opposes the bail application at this stage, submitting that verification of the documents is necessary and since the same is yet to be completed, bail ought not to be granted to the accused applicants. 10. The Case Diary produced before this Court indicates that although certain documents have been seized by the Investigating Officer, proper verification of the same is yet to be completed. It is also seen from the Case Diary that there has been little progress after 05.01.2026, when it was last updated. An entry dated 05.01.2026 reveals that due to election-related duties, no further Page No.# 4/4 investigation could be carried out by the Investigating Officer. 11. Taking into account the entire facts of the case as well as on perusal of the Case Diary produced before this Court, this Court is of the considered view that custodial interrogation of the accused applicants is not required at this stage. Accordingly, it is directed that, in the event of their arrest of the accused applicants, they shall be released on bail upon furnishing a bail bond of Rs. 50,000/- each, with one surety of like amount to the satisfaction of the arresting authority, however, with subject to the following conditions: i. that the accused applicants shall appear before the investigating officer within 10 days from today; ii. that the accused applicants shall appear before the investigating authority as and when called for; iii. that the accused applicants shall not directly or indirectly try to hamper or tamper with the investigation of the case. 12. In terms of the aforesaid direction, the instant anticipatory application stands disposed of. 13. Case Diary be sent back. JUDGE Comparing Assistant