Page No.# 1/3 GAHC040007172026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/50/2026 Kranzel Kholie Son of Shri Kapa Kholie, resident of Jullang, PO and PS Itanagar, Papum Pare District, Arunachal Pradesh. VERSUS The State of AP and Anr represented by the PP of AP 2:Dani Saling Age: 0 Occupation : Son of Shri Dani Tassar permanent resident of Hija Village PO and PS Ziro lower Subansiri District Arunachal Pradesh and presently residing at Vivek Vihar Itanagar PO and PS Itanagar Papum Pare District Arunachal Pradesh Advocate for the Petitioner : Ojing Pada, Dorjee Phinjo Sona,Habu Takum,Dada Pangu,Taja Mingki,Likha Moriam Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 08.06.2026 Page No.# 2/3 Heard Mr. Ojing Pada, learned counsel for the accused applicant. Also heard Mr. Gyati Tado, learned Additional Public Prosecutor for the State. 2. The applicant, namely, Kranzel Kholi has filed the present application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking grant of pre-arrest bail apprehending his arrest in connection with Nirjuli P.S. Case No. 30/2026 registered u/ss. 318(4)/316(2)/316(4)/336(3)/340 of the Bharatiya Nyaya Sanhita(BNS), 2023. 3. Based on a written First Information Report(FIR) lodged by the informant/respondent No. 2; the police has registered the aforesaid case against the accused applicant alleging that though the vehicle which was purchased by him, was earlier sold to some other person, but, the same was delivered to the informant/respondent No. 2 as a brand new vehicle and thereby, committed the offence registered under Sections 318(4)/ 316(2)/316(4)/336(3)/340 of the Bharatiya Nyaya Sanhita (BNS), 2023. 4. The learned counsel for the accused applicant submits that although the vehicle, in question, was earlier booked in the name of one Shri Santosh Sonar, however, as the loan for the purpose of procuring the vehicle was not granted to him by the Bank, he cancelled his booking and thus, the vehicle was never delivered to said Shri Santosh Sonar and as such, the vehicle which was sold to the informant/respondent No. 2, is a brand new vehicle and hence, there is no cheating committed by the accused applicant, as alleged. Page No.# 3/3 5. Page No.# 3/3 5. The learned counsel for the accused applicant submits that the dispute involved in the instant matter relates to a commercial transaction and therefore, the informant/respondent No. 2 has alternative remedy to approach the Consumer Court for redressal of his grievance. The learned counsel also submits that in this matter, custodial interrogation of the accused applicant is not at all required. The learned counsel further submits that the accused applicant is ready to cooperate with the investigation of the case and abide by any terms and conditions for his bail. 6. Mr. G. Tado, learned Additional Public Prosecutor has raised serious objection. It is submitted that the owner is liable for any type of transaction of his dealership. 7. Heard the submissions of the learned counsel for the parties and I have also scrutinized the case diary produced before this Court. 8. It is noticed that the statement of the complainant has already been recorded. It is also noticed that the accused applicant has appeared before the I.O of the case and recorded his statement. The accused applicant has not violated any bail conditions and thereby, the interim order passed on 20.05.2026 is made absolute under the same terms and conditions. 9. Sent back the case diary. JUDGE Comparing Assistant