GUWAHATI, India, Aug. 6 -- Gauhati High Court issued the following order on July 10:
1. Heard Mr. S. Banik, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned APP for the State.
2. Apprehending arrest in connection with CID P.S. Case No.11/2025 under Sections 61(2)/319(2)/318(4) of the BNS, 2023, the petitioner namely, Sri Angelus Baxla has filed this pre-arrest bail application under Section 482 of the BNSS, 2023.
2. Let the scanned copy of the case diary be produced on the next date of listing.
3. The prayer for interim bail is opposed by the learned APP on the ground that there is prima facie case of cheating by unauthorizedly running the Eklavya Model Residential School, Dalbari, by projecting to the students and their guardians as if the petitioner is running the school as the Principal thereof. It is also submitted that the petitioner was not appointed by the National Education Society for Tribal Students (NESTS).
4. Having regard to the projection made in this application that the said school was being run by the Bodoland Model Tribal Education Society, Dalbari, which is a registered society and appointed the petitioner by Letter of Contractual Engagement dated 28.06.2013, which is projected to be prior to the setting up of the National Education Society for Tribal Students (NESTS), this Court is of the considered opinion that the petitioner is entitled to interim prearrest bail. Accordingly it is provided that in the event of his arrest, the petitioner, namely, Sri Angelus Baxla in connection with the aforesaid case, shall be released on interim bail on furnishing bail bond of Rs.20,000/- with one suitable surety of like amount to the satisfaction of the arresting officer.
5. The interim pre-arrest bail is granted on the following conditions:
a) That the petitioner shall make himself available to the police or any other investigating agency or the Court in the present case as and when required.
b) That the petitioner 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 or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witness.
c) That the petitioner shall not obstruct the smooth progress of the investigation/trial.
d) That the petitioner shall not misuse his liberty in any manner.
e) That the petitioner shall not jump over the bail.
f) That the petitioner shall appear before the I/O of CID P.S. Case No.11/2025, within 7 (seven) days from the date of this order and cooperate with the investigation, failing which, the pre-arrest bail shall lose its efficacy.
6. List on 25.07.2025.
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