Anticipatory bail can be granted with conditions to ensure cooperation with the investigation and to prevent witness tampering.

Heard Mr. A. M. Barbhuiya, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor for the State/respondent. This is an application under Section 482 of Bharatiya Nagarik Suraksha Page No.# 1/3 GAHC010142672024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1857/2024 HUSSAIN AHMED AND ANR S/O JOLAL UDDIN, VILL- BIHARA PART-IV, P.O.-BIHARA, P.S.-KATIGORAH, DIST- CACHAR, ASSAM 2: FAKRUJJAMAN BARBHUIYA S/O MONTEJ ALI BARBHUIYA VILL- LAKHIPUR PART-I P.O.-DUMKAR P.S.-KALAIN DIST- CACHAR ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A M BARBHUIYA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER 22.07.2024 Heard Mr. A. M. Barbhuiya, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor for the State/respondent. This is an application under Section 482 of Bharatiya Nagarik Suraksha Sanhita ( BNSS ), praying for granting anticipatory bail to the accused petitioners, namely, Hussain Ahmed and Fakrujjaman Barbhuiya apprehending their arrest in connection with Ramnathpur P.S. Case No. 09/2024 registered u/s 120(B)/420/379/411 of the IPC , r/w Section 177 of M.V. Act, corresponding to G.R. Case No. 101/2024. Call for the case diary. It is submitted by the learned counsel for the petitioners that the petitioner No. 1 is the owner of the vehicle bearing registration No. AS-11-DC-

9838 and petitioner No.2 is the owner of another vehicle bearing registration No. MZ-08-5047 and both the vehicles were given in zimma to the petitioners by the trial court. It is also submitted that the alleged betel nuts were also given zimma to the owner of the betel nuts. As the petitioners are the owner of both the vehicles they are apprehending their arrest in connection with this case. Under such backdrop, benefit of pre-arrest bail may be extended to the petitioners. On the other hand, Mr. B. Sarma, learned Additional Public Prosecutor for the State has submitted that the petitioners may be allowed to appear before the Investigating Officer to verify the documents. I have considered the submissions made by the learned counsel for the parties. Considering the submissions made by the learned counsel for the parties as well as the averments made in the petition, this Court is of the view that till a final decision is taken on perusal of the case diary, the petitioners above-named is granted the interim protection till the next date fixed. Accordingly, it is provided that in the event of arrest of the petitioners, named above, in connection with above mentioned case , they shall be released on furnishing bail bond of Rs.10,000/-each with a suitable surety of the like amount each, to the satisfaction of the arresting authority. The direction for pre-arrest bail is subject to the conditions that the petitioners:

(a) shall appear before the Investigating Police Officer within ten days from today and shall co-operate with the investigation;

(b) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

List on 19.08.2024 for production of case diary.