Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC040007202026
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/53/2026 Arvind Chamoli Son of Shi Om Prakash Chamoli, resident of House No.91, Brahman Mohalla, Sri Nagar, Pauri Garhwal District, Uttarakhand 246174 VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Chukhu Peter, Tajum Gameh Advocate for the Respondent : P P of AP,
Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER 26.05.2026 Heard Mr. S. Pratab, learned counsel for the petitioner. Also heard Ms. T. Jini, learned Additional Public Prosecutor for the State respondent. 2. Apprehending his arrest in connection with ITA P.S. Case No. 52/2026 registered under Sections 120B/419/420 of the Indian Penal Code, 1860, the petitioner has filed this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita seeking pre-arrest bail. 3. Mr. Pratab, learned counsel for the accused petitioner submits that the cheque alleged to have been delivered to the accused had never been encashed and that the alleged monetary transaction, if any, took place between the petitioner and the informant during the course of a commercial/business transaction and for investment purposes. Thus, it is contended that the dispute is essentially civil in nature. 4. It is further submitted that the petitioner has already submitted replied to the notice issued by the police and he is ready and willing to cooperate with the investigation and undertakes to comply with any condition that may be imposed by this Court for his bail. 5. Mr. Pratab, learned counsel for the applicant further, submits that the applicant is in possession of certain relevant documents in connection with the business between the informant and is ready to produce the same before the Investigating Officer (I.O.) of the case. 6. On the other hand, Ms. Jini, learned Additional Public Prosecutor opposes the prayer for pre-arrest bail and submits that custodial interrogation of the
Page No.# 3/4 petitioner is necessary for proper investigation and for unearthing the truth behind the allegations. 7. Having heard the learned counsel for the parties and considering the facts and circumstances of the case, this Court is of the view that the present application can be disposed of by directing the accused petitioner to appear before the Investigating Officer and cooperate with the investigation. 8.
Accordingly, the present application stands disposed of with the following directions: i. The petitioner shall appear/surrender before the Investigating Officer within 15 (fifteen) days from today and shall fully cooperate with the investigation. ii. In the event of arrest of the petitioner in connection with the aforesaid case, the Investigating Officer shall forthwith forward/produce the petitioner before the competent Court on the very same day. iii. On such production/appearance of the petitioner, if any regular bail application is filed before the learned Court concerned, the same shall be considered and disposed of by the said Court on the same day in accordance with law. iv. Till disposal of such regular bail application by the learned Court concerned, the petitioner shall remain on interim pre-arrest bail on furnishing a bail bond of Rs.2,00,000/- (Rupees two lakhs) with two sureties of the like amount each, one of whom shall be a resident of Arunachal Pradesh, to the satisfaction of the Arresting
Page No.# 4/4 Authority/Court concerned. 9. The interim protection granted herein shall be subject to the following conditions: (i) the petitioner shall cooperate with the investigation as and when required; (ii) the petitioner shall not induce, threaten, or promise any person acquainted with the facts of the case; (iii) the petitioner shall not tamper with the evidence or influence witnesses in any manner; and (iv) the petitioner shall not abscond or evade the process of law. 10. In the event of failure to comply with any of the aforesaid directions/conditions, the interim protection granted by this order shall stand automatically vacated/cancelled. 11. With the above observations and directions, the present bail application stands disposed of. 12. The Case Diary be sent back. JUDGE Comparing Assistant