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2025 DAILYLAW 10794 (GAU)

BAPPI DAS v. THE STATE OF ASSAM

AB/883/2025 · 2025-04-20

Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/4 GAHC010078582025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/883/2025 BAPPI DAS REP.BY THE PP, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S M ABDULLAH P, MD IMRAN,MD R ISLAM,MS F HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 21.04.2025 1. Heard learned Counsel Mr. S.M.Abdullah P for the petitioner Bappi Das who has filed this application under Section 482 of the BNSS, 2023 with prayer for pre-arrest bail apprehending arrest in connection with Nalbari PS Case No. 18/2025, under Section 316(2)/316(5)/318(2)/318(4)/3(5)/61(2) of the BNS. 2. Learned Addl.Public Prosecutor Mr.M.P.Goswami is present for the State Page No.# 2/4 respondent. 3. It is submitted on behalf of the petitioner that the petitioner has co- operated with the investigation and he has appeared before the I.O. and his statements has been recorded. Even then the petitioner is apprehending arrest in connection with the case. It is submitted that the prime accused Dulal Dey has been granted pre-arrest bail by this Court. It is admitted that the petitioner has worked for Dulal Dey and this is the reason why he is apprehending arrest in connection with the case. This instant case is relating to mysterious death of one Raghab Deka and death of other persons relating to LIC Housing Finance. Loans were procured through several fake documents and non-existent persons. Some persons have also posed as Guarantors or spouses of other persons for procuring Housing Finance benefits. Forged pay slips, bank statements, Adhar Card etc. were also used to procure loan from LIC Housing Finance at Nalbari. Some agents namely, Shailen Sarma and Dhrubajyoti Das have been involved in illegal withdrawal of money from the bank accounts of applicants by using forged cheques. They have also indulged in blackmailing the customers through cheque bounce cases. There is a gang headed by Shailen Sarma and Dhrubajyoti Das in such nefarious activities. 4. It is alleged that Nalbari District represented almost 80% of the LIC housing loan but the institution has stopped to sanction loan in Nalbari District since the month of September, 2023 due to such corrupt practises of the agents. It is submitted on behalf of the petitioner that the main accused Dulal Dey has already been enlarged on bail. 5. I have also scrutinized the Case Diary and the statements of the witnesses. There is no denying that the present petitioner has worked for Dulal Dey who was involved in forging several documents for procuring the loan in the Page No.# 3/4 district of Nalbari. However, I have considered the submission of the petitioner that the petitioner is willing to co-operate with the remaining part of the investigation. 6. I have also scrutinized the statements of the petitioner recorded during investigation. It appears that custodial interrogation of the petitioner may not be required. Investigation has also progressed substantially. 7. Considering all aspects, the prayer for pre-arrest bail is allowed. 8. In the event of arrest of the petitioner named above, he shall be released on pre-arrest bail on furnishing bail bond of Rs.50,000/- with a suitable surety of like amount to the satisfaction of the arresting authority subject to the following conditions: i) The petitioner shall appear before the I.O. within one week and co-operate with the investigation, (ii) The petitioner shall appear before the I.O. every fortnight till completion of the investigation, (iii) The petitioner shall not tamper with the evidence. 9. On breach of any of the above conditions, pre-arrest bail order shall automatically stand cancelled. 10. Send back the Case Diary. JUDGE Page No.# 4/4 Comparing Assistant