Nathneal Kondpan @ Nathanial Kondopa v. The State of Assam

PageoNo.#o1/3 GAHC010177122024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/2289/2024o NATHNEALoKONDPANo@oNATHANIALoKONDOPAo S/OoLATEoABHIRAMoKONDAPANo R/OoVILL-oDHALLIoTEAoESTATE,o P.S.oBISWANATHo P.O.oPAVAIo DIST.oBISWANATH,o PIN-784174 VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oSoCoBISWAS,oMS.oJoGHOSH,MS.oKoLoRoYANTHAN,MSoAo BORAHo AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo BEFORE HONOURABLEoMRS.oJUSTICEoSUSMITAoPHUKANoKHAUND ORDERo Dateo:oo09-09-2024 Heard 1 Mr. 1 S.C. 1 Biswas, 1 learned 1 counsel 1 for 1 the 1 petitioner 1 Nathneal Kondpan1@1Nathanial1Kondopa,1who1has1filed1this1application1under1Section1482 Page No.# 2/3 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as he is apprehending arrest in connection with Biswanath (Chariali) Police Station Case No. 143/2024 under Section 318(4) and 336(3) of Bharatiya Nyaya Sanhita, 2023.

¶2Heard Mr. R.R. Kaushik, learned Additional Public Prosecutor, Assam for the respondent State.

¶3The FIR lodged by Superintendent Biswanath SDCH reflects that birth certificate bearing registration No-B-2024:18-90136-000029 bearing name Gautam Sona, father's name Nirmal Sona of Dhulie Tea Estate had a fake digital signature of Dr. Jonali Gogoi/informant. It is further alleged that the QR code is not valid against Gautam Sona. On being confronted, Gautam Sona revealed that the certificate was made in the computer shop of the petitioner.

¶4It is submitted on behalf of the petitioner that the petitioner was not aware that such a certificate was issued from his shop. He is not complicit but he is willing to cooperate with the investigation and to appear before the Investigating Officer as and when called for.

¶5I have scrutinized the Case Diary. The merits of the case are not brought to the fore. I have considered the submission that custodial interrogation may not be required for the progress of investigation as investigation is progressed to a considerable extent.

¶6Considering all aspects, petition is allowed. In the event of his arrest, the petitioner shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that :

(i) The petitioner shall appear before the Investigating Officer within one Page No.# 3/3 week and cooperate with the investigation.

(ii) The petitioner shall not leave the jurisdiction of the Court without prior permission.

(iii) The petitioner shall refrain from such activities with which he is alleged.

¶7On breach of any of the bail conditions, bail order shall automatically stand cancelled.

¶8In terms of the above observations, this Anticipatory Bail application stands disposed of.

¶9Send back the Case Diary.

JUDGE Comparing Assistant