Page No.# 1/5 GAHC010155752025 2025:GAU-AS:9674 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1670/2025 NOBIN DAS S/O- SORUPAI DAS. R/O- NATUN PARA , DULIAJAN NO 2 , P.S- DULIAJAN , DIST.- DIBRUGARH, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. R ALI, MR A AHMED,U U KHAN,MR. M A CHOUDHURY,MR. A AHMED Advocate for the Respondent : PP, ASSAM, Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 28.07.2025 1. Heard Mr. A. Ahmed, the learned counsel for the petitioner. Also heard Mr. K.K. Parasar, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has been filed by the petitioner, namely, Nobin Das, who is apprehending his arrest in connection with Duliajan P.S. Case No. 64/2025, under Sections 3(5)/316(2)/316(5)/318(4) of BNS, 2023. 3. The gist of accusation in this case is that on 03.04.2025 one Rajiv Ranjan Malik, Assistant General Manager, Regional Office of the Indian Overseas Bank, Guwahati had lodged an FIR before the Officer-in- Charge of Duliajan Police Station, inter-alia, alleging that the list of borrowers mentioned in the FIR, including the present petitioner, had committed fraud in collusion with the bank official to get loan sanction from the State Bank. It has been alleged that the quotations in the name of non-existing firms were submitted by the borrowers named in the FIR to get loan from the said bank. 4. The learned counsel for the petitionerhas submitted that the petitioner has taken loans from the Indian Overseas Bank in the name of his firm namely M/s Das Store, which is situated at Duliajan. 5. It is submitted that the said bank, after due verification, Page No.# 3/5 sanctioned a loan amount of Rs. 7 lakhs to the petitioner on 27.12.2022 and another loan of Rs. 10 lakhs in the name of his proprietorship firm namely M/s Das Store on 31.10.2023. 6. It is further submitted by the learned counsel for the petitioner that after obtaining the loan the petitioner was regularly paying the estimated monthly installments (EMIs) of the loan. However, after lodging of the FIR, he defaulted in the payment of loan for the month of April, 2025,as in the said month his loan account was declared as non- performing asset (NPA). 7. The learned counsel for the petitioner submits that the petitioner is ready to pay the monthly EMIs regularly and his loan was sanctioned after due verification of the documents by the bank officials. 8. He submits that the petitioner is ready to cooperate in the investigation and his custodial interrogation may not be necessary for fair completion of the investigation. Hence, the learned counsel for the petitioner submits that the petitioner may be allowed to go on anticipatory bail. 9. On the other hand, the learned Additional Public Prosecutor has produced the Case Diary of Duliajan P.S. Case No. 64/2025 and has submitted that for obtaining the loan the petitioner has submitted fake GSTIN of some other unrelated firm. 10. He submits that in this case the GSTIN submitted by the petitioner against his firm “Das Store” was found to be of a tea company which does not belong to the petitioner. Page No.# 4/5 11. I have considered the submissions made by the learned counsel for both sides and have gone through the case diary. 12. It appears that there are materials against the petitioner in the Case Diary, which indicates that the GSTIN submitted by the petitioner for obtaining the loan does not belong to the firm of which he is the proprietor. However, it also appears that the investigation has progressed and the Investigating Officer has collected the relevant documents in respect of the accusation made against the petitioner. Hence, this Court is of considered opinion that if the petitioner co-operates in the investigation, his custodial interrogation may not be necessary for fair completion of the investigation of Duliajan P.S. Case No. 64/2025. 13. In view of the above, the above-named petitioner is hereby, directed to appear before the Investigating Officer of Duliajan P.S. Case No. 64/2025, within a period of 10(ten) days and co-operate in the investigation. If he does so within the stipulated period of time, in the event of his arrest in connection with the aforesaid case, he shall be allowed to go on bail of Rs.30,000/- with a suitable surety of like amount, subject to the satisfaction of the arresting authority, with following conditions: - (i) the petitioner shall appear before the Investigating Officer within 10(ten) days from the date of this order and shall co-operate with the investigation; and (ii) the petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to any other person who may be acquainted with the facts of the case so as to dissuade such person from Page No.# 5/5 disclosing such facts before the Investigating Officer or to any Court. 14. This anticipatory bail application is accordingly disposed of. 15. Send back the Case Diary. JUDGE Comparing Assistant