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2025 DAILYLAW 15561 (GAU)

JINTI BURAGOHAIN CHUTIA v. THE STATE OF ASSAM

AB/1562/2025 · 2025-10-15

Anjan Moni Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010147522025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1562/2025 JINTI BURAGOHAIN CHUTIA W/O- DIMBESWAR CHUTIA, R/O- VILL-KHANAMUKH, P.O AND P.S- SILAPATHAR, DIST- DHEMAJI, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP ASSAM Advocate for the Petitioner : MR S BORTHAKUR, MS. P BORAH,MR. D CHUTIA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 16.10.2025 Heard Mr. S Borthakur, learned counsel for the accused applicant. Also heard Mr. B Sharma, learned Additional Public Prosecutor, Assam for the State. 2. This is an application under Section 482 of BNSS, 2023, praying for pre-arrest bail to the accused applicant, namely, Smti. Jinti Buragohain Chutia, who is apprehending her arrest in connection with Silapathar Police Station Case No. Page No.# 2/3 130/2025 registered under Sections 61(2)/318(4)/316(5) of the BNS, 2023. 3. The gist of the case as has been narrated in the FIR dated 13.06.2025 to the effect that the accused applicant being a Bank Mitra of Gramin Bikas Bank has misappropriated a huge amount of money belonging to the informants by issuing false deposit slips, without depositing the aforesaid amount in the bank. Basic allegation against the accused applicant is that the informants being Self Help Groups took several loans from Gramin Bikas Bank and they started repaying the EMIs, but on several occasions due to interruption of linking facility of the internet, they used to deposit the aforesaid amounts to the accused applicant for depositing the same to the bank. However, the accused applicant, instead of depositing those amounts to the bank misappropriated the aforesaid amounts. 4. Learned counsel for the accused applicant has submitted that the accused applicant was allowed to go on interim pre-arrest bail by this Court vide order dated 10.07.2025 and she has already appeared before the investigating authority and is fully co-operating with the investigation. He further submitted that in view of her co- operation with the investigating authority, her custodial detention may not be required at this stage. 5. The case diary that was called for has been submitted before the Court. 6. Learned APP, Assam for the State has submitted that there are certain incriminating materials against the accused applicant in the case diary. Therefore, this is not a fit case wherein the interim pre-arrest bail that has been granted by this Court should be made absolute. 7. This Court has gone through the case diary and also heard the submissions made by the learned counsels for the accused applicant as well as for the State. 8. After considering the matter in it’s entirety and taking into account the aspect of co-operation and appearance of the accused applicant before the investigating Page No.# 3/3 authority, this Court is of the considered opinion that this is a fit case wherein the accused applicant should be granted the privilege of pre-arrest bail, by making the interim pre-arrest bail order dated 10.07.2025 absolute. 9. Accordingly, the interim pre-arrest bail order dated 10.07.2025 is hereby made absolute. 10. In view of the aforesaid findings, this pre-arrest bail application stands allowed and disposed of. 11. Let the case diary so received, be returned. JUDGE Comparing Assistant