Page No.# 1/4 GAHC010144032026 2026:GAU-AS:9692 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1578/2026 MR TAPASH KUMAR PRASAD SON OF SHRI, MAKESHWAR PRASAD RESIDING AT FLAT NO.7B, ACHYUT NEST, RADHA NAGAR, P.S. DISPUR, GUWAHATI-781036 DIST. KAMRUP(M), ASSAM. VERSUS THE STATE OF ARUNACHAL PRADESH , REPRESENTED BY PUBLIC PROSECUTOR, ARUNACHAL PRADESH. Advocate for the Petitioner : MR. S MUNIR, MS. N.A. BEGUM,MR B YADAV,MS M DAS,MR A K RAI Advocate for the Respondent : PP, A P, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 16.07.2026 Heard Mr. S. Munir, learned counsel appearing on behalf of the accused- applicant. Also heard Mr. A. Chandran, learned P.P., representing the State of Arunachal Pradesh. Page No.# 2/4 2. This is an application filed under Section 482 of the BNSS, 2023, praying for grant of pre-arrest bail to the accused-applicant in connection with Banderdewa P.S. Case No. 32/2026, registered under Sections 112/316(5)/318(4)/319(2)/336(3)/ 341(1)/341(2) of the BNS, 2023. 3. An FIR was lodged on 05.02.2026 before the Banderdewa Police Station, Arunachal Pradesh, by one Shri Rajesh Agarwal, alleging, inter alia, that one Rishiraj Borkotoky, his wife Shrutimala Borkotoky along with few others have connived and cheated the complainant of several crores of Rupees; that the informant is one of the partners in M/s Premium Bonded Warehouse, which has its ventures in warehousing in the state of Arunachal Pradesh; that the prime accused Rishiraj Borkotoky has approached the informant with a business proposal to establish an Extra Neutral Alcohol Unit, including the acquisition of land, procurement of plant and machinery, meeting other infrastructural and operational requirements as a joint venture; that the idea was proposed sometime in September 2021 and the prime accused alleged to have projected himself to be a close acquaintance of the Hon’ble Chief Minister of Assam and thereby projected his ability to facilitate and secure Government support in establishing the project; being induced by such false representations of the accused persons, the informant, in the year 2021 transferred an amount of Rs. 18,31,23,083/- (Eighteen Crores Thirty One Lakhs Twenty Three Thousand and Eighty Three) from his personal account and Rs. 16,02,11,290/- (Sixteen Crores Two Lakhs Eleven Thousand Two Hundred and Two Ninety) from the account of the partnership firm to the account of the prime accused, namely, Rishiraj Borkotoky; that in spite of such representations, assurances and promises, nothing has been done by the prime accused along with the other persons named in the FIR. Being compelled with such situation, the instant FIR has been filed by the informant against the prime accused and other persons named in the FIR. 4. On receipt of the FIR, the police registered the Banderdewa P.S. Case No. Page No.# 3/4 32/2026, under the aforementioned sections. 5. Mr. Munir, learned counsel appearing for the accused-applicant submits that the present accused-applicant is an employee, working in the business concern, namely, M/s Vaibhavam Foods, which is a partnership firm of the prime accused, namely, Rishiraj Borkotoky and his wife Smti Shrutimala Dutta. He submits that the whole business concern is basically managed by aforesaid husband and wife and the accused-applicant is simply an employee in the aforesaid concern. He submits that the accused-applicant is no way connected to any kind of aforesaid allegations of inducement and cheating against the informant, Rajesh Agarwal. He further submits that he has apprehension of arrest because he has been issued with a notice under Section 35(3) of the BNSS, directing him to appear before the police authorities of Arunachal Pradesh on 17.07.2026. He submits that the accused- applicant shall cooperate with the investigation and provide all the information that would be sought from him. 6. Mr. A. Chandran, learned P.P. for the State of Arunachal Pradesh, opposes the bail application submitting that certain transactions have been made by the bank account of the accused-applicant to the account of the prime accused named in the FIR. 7. This Court has heard the submissions made by the learned counsel appearing for the respective parties as well as perused the documents that have been annexed in the instant anticipatory bail application. 8. After going through all the facts of the instant case, this Court is of the considered opinion that at this stage, the accused-applicant should be granted the privilege of pre-arrest bail. Accordingly, it is directed that in the event of arrest of accused-applicant by the Arunachal Pradesh police authorities in connection with Banderdewa P.S. Case No. 32/2026, he shall be released on bail on furnishing a bail Page No.# 4/4 bond of Rs. 50,000/- (Rupees Fifty Thousand Only) with a surety of like amount to the satisfaction of the arresting authority, subject to the following conditions: - (1) That the accused-applicant shall appear before the Investigating Officer within 10 days of passing of the instant order; (2) That the accused-applicant shall fully cooperate with the investigation by submitting the necessary documents which may be called for by the Investigating Officer and make himself available before the Investigating Officer, as and when called for; (3) That the accused-applicant shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts before the Investigating Authority; 9. In view of the aforesaid directions, the instant anticipatory bail application is disposed of as allowed. JUDGE Comparing Assistant