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2025 DAILYLAW 16881 (GAU)

RAJEN MUCHAHARY v. CENTRAL BUREAU OF INVESTIGATION

AB/1845/2025 · 2025-09-24

Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/3 GAHC010168532025 2025:GAU-AS:13276 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1845/2025 RAJEN MUCHAHARY S/O-LT. UMESH CHANDRA MUCHAHARY, R/O-VILL-NO.02.NARAYANPUR, P.O.- RATANPUR, P.S-GOLAGHAT, DIST-GOLAGHAT, ASSAM. VERSUS CENTRAL BUREAU OF INVESTIGATION REPRESENTED BY THE SPECIAL PUBLIC PROSECUTOR. Advocate for the Petitioner : B DUTTA, A B T HAQUE Advocate for the Respondent : SPL. PP, C.B.I., Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 25.09.2025 1. Heard Mr. A.B.T. Hoque, learned counsel for the petitioner. Also heard Ms. M. Kumari, learned Special Public Prosecutor appearing for the CBI. 2. This is an application filed under Section 482 of the BNSS, 2023, praying for grant of pre-arrest bail to the accused/petitioner, Rajen Muchahary, who is apprehending arrest in connection with Dhubri P.S. Case No.310/2025 under Section 120(b)/420/409/506 IPC read with Section 21(1)(3)/23/25 of the Banning of Reregulation Deposit Schemes Act 2019 which is subsequently Re- registered as CBI, ACB Case No.RC0172024E0018 corresponding to Special Case No.03/2025. 3. I have considered the submissions at the Bar with circumspection. I have also scrutinized the Case Diary. 4. It is submitted on behalf of the CBI that there is no apprehension of arrest. The petitioner was called to co-operate with the investigation but the petitioner has misused the provisions of law for his own benefit. It is also submitted that the petitioner has a nexus with the prime-accused, Niranjan Kumar Malakar. It is also submitted that the petitioner was one of the depositors of the Titan Capital Market Online Trading Business floated by main accused Dinesh Chandra Ray. 5. It is further submitted that further co-operation of the petitioner is required so that the Investigating Agency may have the privilege of smooth investigation. Page No.# 3/3 6. It is submitted on behalf of the petitioner that the petitioner has not been named in the FIR. The petitioner is not at all involved in any trading scam. 7. I have considered the submissions at the Bar with circumspection. 8. The petitioner has appeared before the Investigating Officer and he has co-operated with the investigation. The petitioner is willing to extend his cooperation with the investigation. 9. Considering all aspects, the interim order dated 04.08.2025 is made absolute under the same terms and conditions. In addition, the petitioner is directed to appear before the Investigating Officer on every fortnight till completion of investigation. 10. On breach of any of the bail conditions, bail order shall stand automatically cancelled. 11. In terms of the above observation, this bail application stands disposed of. 12. Send back the Case Diary. JUDGE Comparing Assistant