GAHC010269232025 2025:GAU-AS:17624

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : AB/2884/2025

MAMUN SHAH

S/O ABDUL SALAM SHAH, R/O VILL. BOROBAGJHAPA, P.S. SUKCHAR,

DIST. SOUTH SALMARA, MANKACHAR, ASSAM.

VERSUS

THE STATE OF ASSAM

REPRESENTED BY THE PP, ASSAM.

Advocate for the Petitioner : MR. B CHOWDHURY, MR. R MAJUMDAR

Advocate for the Respondent : PP, ASSAM, M DAS (INFORMANT),MR. P

MAHANTA(INFORMANT)

BEFORE

HONOURABLE MRS. JUSTICE MITALI THAKURIA

ORDER

Date : 18-12-2025

Heard Mr. HRA Choudhury, the learned senior counsel assisted by Mr. R.

Majumdar, the learned counsel for the petitioner. Also heard Mr. R. R. Kaushik, the learned Additional Public Prosecutor appearing on behalf of State respondent and Mr. P. Mahanta, the learned counsel appearing for the

respondent/informant.

2. This is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for grant of pre-arrest bail to the accused/petitioner, who is apprehending arrest in connection with South Salmara P.S. Case No. 148/2025 corresponding to G.R. No. 345/2025 u/s 318(2)/326(3)/342 of Bharatiya Nyaya Sanhita, 2023.

3. Case Diary has already been received. Perused the same.

4. The additional-affidavit filed by petitioner side as well as the reply filed by the respondent/informant is also tagged along with the case records. Perused the same.

5. It is submitted by Mr. Choudhury, the learned counsel for the petitioner that the present petitioner is innocent and he has not committed any such offence of forging or fabricating documents as alleged in the FIR. He was the elected Anchalik Panchayat Member and thereafter presently he is elected as President Anchalik Panchayat. The case was lodged against him by the informant on the ill advice of one Abdul Monnaf Sheikh who also offered his candidature for the post of President Anchalik Panchayat. The FIR has been lodged with some false and concocted allegation. As per the allegation brought in the FIR, the present petitioner had submitted forged and fabricated educational documents at the time of filing his nomination paper. But, through the additional-affidavit the present petitioner has filed all his educational documents which are legal and genuine. The petitioner also submitted an RTI application on 09.12.2025 seeking a copy of Original Tabulation Register showing the marks obtained by him in the said H.S. examination of 2020 and accordingly it was found that he has not committed any fraud or forgery. Mr. Choudhury, the learned senior counsel accordingly submitted that only with an ulterior motive the FIR has been lodged in connivance of said Abdul Mollah Sheikh after his defeat in the Panchayat Election. However, the petitioner is ready and willing to extend his cooperation in further investigation of the case, if he is provided with the privilege of pre-arrest bail.

6. Mr. Kaushik, the learned Additional Public Prosecutor submitted in this regard that all the certificates issued are fake and fabricated. Further, the letter which was issued dated 09.07.2023 is also found to be fake and fabricated. More so, the issuing officer, namely, Kamal Gogoi who verified the documents is also seems to be fake certificate as he got retired before lodging of the FIR or before the question of verification arose. Thus, he submitted that he not only submitted the fake and fabricated documents at the time of filing the nomination paper but, the subsequent documents which were filed along with the verified letter and the certificates stated to be issued are also shown to be issued after verification are also fake and fabricated documents.

7. Mr. Mahanta, the learned counsel appearing for the informant submitted in this regard that as per the Panchayat Election rule, minimum HSLC passed is required to file the nomination paper and in view of this only he obtained some fake and fabricated documents which were filed along with the nomination papers and on the basis of those forged demount