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2025 DAILYLAW 10317 (GAU)

SMT SUMITA ROY ALIAS SUMITA SARKAR ROY v. THE STATE OF ASSAM

AB/789/2025 · 2025-05-14

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010071222025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/789/2025 SMT SUMITA ROY ALIAS SUMITA SARKAR ROY W/O- JAWAHARLAL ROY , 2: SRI JAWAHARLAL ROY SON OF LATE PRAFULLA ROY BOTH ARE RESIDENTS OF VILLAGE KHANDAJAN P. O. MANIPUR & P.S. MORIGAON DISTRICT MORIGAON, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP ASSAM Advocate for the Petitioner : MR. R ALI, MR G BHARADWAJ,MR A KHANIKAR,MR B DEORI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 15.05.2025 Heard Mr. A Khanikar, the learned counsel appearing for the petitioners as well as Mr. D P Goswami, the learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 482 of the BNSS, 2023 praying for grant of pre- arrest bail in respect of Nalbari P.S. Case No. 18/2025. 3. On 09.01.2025, an FIR was lodged before police alleging that some people have taken Page No.# 2/2 housing loans from LIC Housing Finance Ltd. and those loans were procured by filing false documents. It is also alleged that some specific persons are involved in the said act. 4. The present petitioners, though not named in the FIR, has also borrowed housing loan from the LIC Housing Finance Ltd. They filed documents to show that they have been regularly repaying the instalments. 5. Mr. Goswami has submitted that the aforementioned persons have also taken housing loans on the basis of some documents which are not related to the petitioners. 6. The CD shows that the petitioners did not have the knowledge that their loan was sanctioned on the basis of documents submitted by somebody else. 7. After going through the materials available in the case record as well as in the case diary, it appears that some persons are involved in arranging housing loans from LIC Housing Finance Ltd. and those persons used false documents to procure loans. The present petitioners might have procured loan after filing documents, which did not belong to them, but they have been regularly repaying the loan. Therefore, the petition ners do not deserve to be detained in custody for the allegation brought against them. 8. Accordingly, it is hereby directed that in the event of arrest in connection with Nalbari P.S. Case No. 18/2025, the petitioners, namely, 1. Mrs. Sumita Roy @ Sumita Sarkar Roy & 2. Sri Jawaharlal Roy shall be released on bail of ₹25,000/- each with sureties of like amount to the satisfaction of the arresting authority. 9. Both the petitioners shall appear before the Investigating Officer for recording their statement as and when required. The bail application stands disposed of accordingly. The CD shall be returned. JUDGE Comparing Assistant