Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010072202025
2025:GAU-AS:5109
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/803/2025 DIPTI BAISHYA DEKA W/O- SRI TILAK DEKA, VILL- JAGARA, PS BELSOR, DIST- NALBARI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M K HUSSAIN, MR. M ALOM,MS. F H AHMED,MRS. S Y AHMED Advocate for the Respondent : PP, ASSAM,
Page No.# 2/4 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 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail to the petitioner i.e. Dipti Baishya Deka, who is apprehending arrest 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. 4. Mr. M. K. Hussain, learned Counsel for the petitioner submits that the petitioner is neither an F.I.R. named accused person nor involved in the alleged offence and that she has been dragged into this case to achieve align motive. He further submits that the petitioner is ready and willing to co-operate with the investigation
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5. Per contra Mr. K. K. Parasar, learned Additional Public Prosecutor, Assam submits that it appears from the statement of the petitioner recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 that she had put her signature in some papers as per direction of two persons namely Sanju Sarma and Sailen Sarma. 6. I have considered the submissions made by the learned counsels of both the parties and also perused the material available on record. 7. Considering that the petitioner is not named in the F.I.R. and her statement has also been recorded by the Investigating Officer and that she is co-operating with the investigation, this Court is of the considered opinion that her custodial interrogation is not justified. Accordingly, it is provided that in the event of arrest, the petitioner named above, shall be released on pre-arrest bail in connection with the above noted case, on furnishing bail bond of Rs.
20,000/- with one surety of like amount to the satisfaction of the arresting authority, 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 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
Page No.# 4/4 (iii) The petitioner shall refrain from such activities with which she is alleged, failing which, bail order shall stand cancelled. 8. Resultantly, this anticipatory bail application stands allowed and is
disposed of. JUDGE Comparing Assistant