Page No.# 1/5 GAHC010145932026 2026:GAU-AS:9691 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1589/2026 SANJIVE NARAIN SON OF LT. S. V. NARAIN, RESIDENT OF PRAG TOWER, G.S. ROAD, ULLUBARI, GUWAHATI, PIN CODE 781007, P.S. PALTAN BAZAR, GUWAHATI, DISTRICT KAMRUP METROPOLITIAN, ASSAM VERSUS THE STATE OF ARUNACHAL PRADESH REPRESENTED BY THE PUBLIC PROSECUTOR, A.P. Advocate for the Petitioner : MR. D DAS SR. ADV, Y KHAUND,MR J BORAH Advocate for the Respondent : PP, A P, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 16.07.2026 Heard Mr. D. Das, learned Senior Counsel, assisted by Mr. J. Borah, learned counsel appearing on behalf of the accused-applicant. Also heard Mr. A. Chandran, Page No.# 2/5 learned P.P., representing the State of Arunachal Pradesh. 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. Page No.# 3/5 4. On receipt of the FIR, the police registered the Banderdewa P.S. Case No. 32/2026, under the aforementioned sections. 5. Mr. D. Das, learned Senior Counsel appearing for the accused-applicant submits that the present accused-applicant has been issued a notice under Section 35(3) of BNSS, asking him to appear before the police authorities of Arunachal Pradesh on 17.07.2026. He submits that the accused-applicant is a reputed businessman of this part of the country, having several business ventures including the sole dealership of Mercedes Benz vehicle in the state of Assam. He submits that he is a responsible citizen and he is no way connected with any of the offences alleged in the FIR. He further submits that he is neither named in the FIR nor any allegations have been made against the accused-applicant in the FIR. He submits that his only connection to the prime accused in the instant case is due to the fact that two Mercedes vehicles had been purchased either by the prime accused or his company from the dealership owned by the present accused-applicant. He submits that he has serious apprehension due to the fact that he has been issued with a notice under Section 35(3) of BNSS and therefore, has approached this Court praying for granting him the privilege of pre-arrest bail in the instant case. 6. Mr. A. Chandran, learned PP for the State of Arunachal Pradesh, submits that he has instructions that certain transactions have been made to the account of the present accused-applicant by the prime accused during the concerned years starting from 2022-2026. He further submits that notice under Section 35(3) of the BNSS has been issued only for the purpose of inquiry and the accused-applicant does not have any apprehension for filing the instant anticipatory application. Therefore, he opposes the prayer of anticipatory bail to the accused-applicant. 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 Page No.# 4/5 in the instant anticipatory bail application. 8. It is submitted that the prime accused in the instant case and his wife, who had been arrested, have already been granted bail. It is also seen that the instant case involves primarily documentary evidence and mostly relates to certain financial and banking transactions. It is also seen that the investigation in the instant case is at a primary stage. However, taking into account the submission that the accused-applicant before this Court is a widely known business person and there is an undertaking from the learned Senior Counsel appearing for the accused- applicant that the accused-applicant shall appear before the investigating authority and shall provide all the support in the investigation of the 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 bond of Rs. 1,00,000/- (Rupees One Lakh 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 Page No.# 5/5 disposed of as allowed. JUDGE Comparing Assistant