Allowed

Smti Trinayana Bora v. the State of Assam

Gauhati HC15 Sept 2026AB/2236/2026

Case brief

AI extract

What is this about?

The Gauhati High Court granted pre-arrest bail to the petitioner in a cheating case under BNS 2023. Finding that ingredients of cheating were not discernible from the FIR, the Court ordered bail on a bond of Rs. 20,000 with one surety, subject to conditions of appearing before the IO and not tampering with evidence.

What did the court decide?

Petitioner enlarged on pre-arrest bail on furnishing a bond of Rs. 20,000/- with one surety of the like amount under specified conditions.

Smti Trinayana Bora Vs the State of Assam — Cheating and Forgery | Gauhati HC (2026)

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GAHC010198272026

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

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Case No. : AB/2236/2026

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SMTI TRINAYANA BORA D/O SRI PRADIP BORA

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RESIDENT OF BONGAON UNDAR DERGAON POLICE STATION, IN THE DISTRICT OF GOLAGHAT, ASSAM

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VERSUS

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THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. B M CHOUDHURY,

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Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

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ORDER

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Date : 16.09.2026

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Heard Mr. BM Choudhury, learned Counsel assisted by Mr. U. Choudhury, learned Counsel for the petitioner and Mr. B. Sharma, learned Additional Public Prosecutor for the State.

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By this application, the petitioner has prayed for pre arrest bail in

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connection with Jorhat P.S. Case No. 218/2026 registered under Section 316(2)/318(4) of BNS, 2023. The FIR in connection with which the petitioner is apprehending arrest was lodged by the informant on 01.07.2026 stating inter alia that she had sold her vehicle to the petitioner and an agreement was also entered into between them but she stated that the vehicle, which was hypothecated to the finance company was although given to the petitioner but the petitioner had not paid the installment amount to the finance company. The informant further stated that a multiple attempts were made by the informant to contact the petitioner but he could not contact her.

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The learned Counsel for the petitioner submits that the story narrated in the FIR is a concocted story and that the vehicle was not given in possession to the petitioner and that notice under Section 35(3) of the BNSS was served upon her and that she appeared before the police officer but then she applied for bail before the Trial Court which was rejected.

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Mr. B. Sharma, learned Additional Public Prosecutor, on the other hand submits that the ingredient of cheating is writ large in the FIR being committed by the petitioner and as such he prays that Case Diary be called for.

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Upon consideration of the submissions made by the learned Counsel for the parties, more so, in view of the fact that the ingredients of cheating are not discernible from the FIR, this Court deems it fit to enlarge the petitioner on pre arrest bail on furnishing of a bail bond of Rs. 20,000/- with one local surety of the like amount to the satisfaction of Arresting Authority, under the following conditions:

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i) the petitioner will appear before the Investigating Officer within a period

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of 10 days from the date of the order without fail.

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ii) the petitioner will appear before the Investigating Officer as and when called for.

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iii) the petitioner will not hamper, tamper with the evidence, neither influence the witnesses connected with the case.

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iv) the petitioner will not leave the place of jurisdiction without the permission of the Arresting Authority.

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6. Petition is disposed of.

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JUDGE

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Comparing Assistant

Smti Trinayana Bora v. the State of Assam

Case brief

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Smti Trinayana Bora v. the State of Assam

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