Guneshwar Bharali @ Guneswar Bharali Vs the State of Nagaland

2. This application under Section 482 of BNSS, 2023 has been filed by the petitioner, namely, Guneshwar Bharali @ Guneswar Bharali, who is apprehending his arrest in connection with Dimapur Sub-Urban P.S. Case No.

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23/2025 under Sections 318(4)/316(5)/61(2) of BNS.

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3. The gist of accusation in this case is that on 19.05.2025, one Mr. Hoto Yeptho, had lodged an FIR before the Officer-in-charge of Dimapur Sub-Urban Police Station, inter alia, alleging that he has some business transaction regarding sale and purchase of timbers with one Pradip Singh and an amount of Rs.15,67,630/- is outstanding from Shri Pradeep Singh. In spite of repeated reminders, said Pradip Singh did not pay the outstanding amount to the informant with an intention to defraud him.

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4. The learned counsel for the petitioner has submitted that there is no accusation against the petitioner in the FIR neither the petitioner had any business transaction with the first informant Mr. Hoto Yeptho. The only accusation against the present petitioner is that the arrested accused person, namely, Pradip Singh during interrogation stated before police that he had supplied the timbers to the present petitioner and one Shri Uday Deka and they have not made payment against the said timber.

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5. The learned counsel for the petitioner has submitted that the petitioner was given notice under Section 35(3) of BNSS by the Investigating Officer of the Dimapur Sub-Urban P.S. Case No. 23/2025, however, he could not appear before the Investigating Officer due to the ailment from which he is suffering.

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6. The learned counsel for the petitioner has submitted that the petitioner is ready to co-operate in the investigation and ready to appear before the Investigating Officer, however, he apprehends that as he has defaulted in appearing before the Investigating Officer in pursuant to the notice issued to him under Section 35(3), he apprehends that he may be arrested on his

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appearance, hence he seeks protection of this Court.

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7. On the other hand, learned Additional Advocate General submits that if the petitioner appears before the Investigating Officer and co-operates in the investigation, she does not have any objection to grant of protection to the petitioner.

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8. In view of the above submissions, this anticipatory bail application is disposed of with a direction to the above named petitioner to appear before the Investigating Officer of Dimapur Sub-Urban P.S. Case No. 23/2025 within 10(ten) days from the date of this order and co-operate in the investigation. If he does so, within the stipulated period of time, in the event of his arrest, in connection with Dimapur Sub-Urban P.S. Case No. 23/2025, he shall be allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) with one surety of like amount subject to the satisfaction of the arresting authority with following conditions:-

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(i) That the petitioner 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 of the case before the Investigating Officer;

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(ii) That the petitioner shall co-operate in the investigation;

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9. With the above observation, this anticipatory bail application is disposed of.

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JUDGE

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Comparing Assistant

Guneshwar Bharali @ Guneswar Bharali v. the State of Nagaland

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Guneshwar Bharali @ Guneswar Bharali v. the State of Nagaland

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