Page No.# 1/4 GAHC010072202025 2025:GAU-AS:5109 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1052/2025 TILAK DEKA S/o- Late Bichitra Deka Village- Jagara, P.S.- Belsor District- Nalbari (Assam) VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM ------------ Advocate for : MR. M K HUSSAIN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 28.04.2025 Heard Mr. M. K. Hussain, learned counsel for the petitioner. Also heard Mr. K. K. Parashar, learned Additional Public Prosecutor, for the State respondent. 2. This petition is filed under Section 483 of the Bharatiya Nagarik Page No.# 2/4 Suraksha Sanhita, 2023 seeking regular bail to the petitioner i.e. Tilak Deka, who was arrested on 15.02.2025 in connection with Nalbari P.S. Case No.18/2025 registered under Section 316(2)/316(5)/318(2)/318(4)/3(5) of the Bharatiya Nyaya Sanhita, 2023, and added Section 61(2) of the Bharatiya Nyaya Sanhita, 2023. 3. The brief facts of the prosecution case is that an F.I.R. was lodged on 09.01.2025 before the Officer-in-Charge of Nalbari Police Station alleging inter alia that certain LIC agents in collusion with official staff of LIC Housing Finance Limited, Guwahati have been sanctioning illegally housing loans to customers by submitting fake documents, fake guarantors and fake spouses amongst other false information. Accordingly, a case was registered and the petitioner was arrested on 15.02.2025. 4. Mr. M. K. Hussain, learned Counsel for the petitioner submits that the petitioner has been arrested merely on suspicion and in total violation of law laid down by the Hon’ble Apex Court in the case of Vihaan Kumar Vs. State of Haryana & Anr., in Criminal Appeal No.621/2025. He further submits that the petitioner is no way involved in the alleged offence and that he has been languishing in the jail since the last 72 days. 5. Per contra Mr. K. K. Parasar, learned Additional Public Prosecutor, Assam submits that the accused person is actually a loan customer who by using deceptive means has falsified his wife’s details and obtained loan. Page No.# 3/4 6. I have considered the submissions made by the learned counsels of both the parties and also perused the material available on record. 7. It appears from the case diary that during investigation it has come to light that the petitioner has submitted false and fabricated documents of another female person, falsely claiming her to be his wife and applied for a housing loan from LIC Housing Finance Limited and that he has confessed his guilt during investigation. It also appears that there are no adverse antecedents available against the petitioner in the case diary. 8. Considering that the petitioner has been languishing in the jail since the last 72 days, this Court is of the considered opinion that further detention of the petitioner is not justified. Accordingly, it is provided that the petitioner namely Tilak Deka, shall be released on bail in connection with Nalbari P.S. case no. 18/2025 under Section 316(2)/316(5)/318(2)/318(4)/3(5) of the Bharatiya Nyaya Sanhita, 2023, and added Section 61(2) of the Bharatiya Nyaya Sanhita, 2023, on furnishing bail bond of Rs. 30,000/- (rupees thirty thousand) only, with one surety of like amount, to the satisfaction of the learned Chief Judicial Magistrate, Nalbari. 9. The bail granted to the petitioner shall be subject to the following conditions:- (i) The petitioner shall co-operate with the investigation, (ii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted Page No.# 4/4 with the facts of this case so as to dissuade such person from disclosing such facts to the Court or to any Police Officer; and (iii) The petitioner shall refrain from such activities with which he is alleged, failing which, bail order shall stand cancelled. 10. Resultantly, this bail application stands allowed and is disposed of. JUDGE Comparing Assistant