Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010172792025
2025:GAU-AS:11443
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2516/2025 KALPANA CHETIA BARMAN W/O MRIDUL BARMAN VILL- JAYPUR BALICHAR P.S. DHEMAJI DIST. DHEMAJI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. D CHUTIA, MS. P BORAH Advocate for the Respondent : PP, ASSAM,
BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA
ORDER 27-08-2025 Heard Mr. D. Chutia, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, for the State respondent. 2. This is an application under Section 483 BNSS, 2023 praying for grant of bail to the accused/petitioner, namely, Mrs. Kalpana Chetia Barman, who was arrested in connection with Dhemaji P.S. Case No. 111/2025 under
Page No.# 2/3 Sections 61(2)/316(2)/318(4)/336(3) of the BNS, 2023. 3. Case diary is placed before the Court. Perused the same. 4. Mr. Chutia, learned counsel submitted that the petitioner is innocent and she has not committed any such offence, as alleged in the FIR. She is only discharging her duties as Bank Mitra and thus, she is helping some self help group by filling up some form and that apart, she is not connected with the offence. 5. It is further submitted that she is not generating any id and not authorized by the bank officials to grant loan. More so, the bank generally grants loan only after verifying the documents and all the self help groups, who applied for loan are also found to be genuine and accordingly, loans were sanctioned in the name of the self help groups. Apart from helping those self help groups in obtaining loan, the petitioner has no role and as a Bank Mitra, she is honestly discharging her duty. 6. It is further submitted that the petitioner is in custody for the last 34 days and the I.O. got sufficient opportunity to interrogate her, keeping her in custody and hence, further custodial interrogation of the petitioner may not be required for the purpose of investigation of the case. 7. Mr. Sarma, learned Addl.
PP raised vehement objection and submitted that the petitioner is the prime accused in the alleged offence and she is the person who by means of fraud obtained loan in the name of self help groups and in the name of each self help group Rs.4,00,000/- was sanctioned, but none of the self help groups have received the loan amount and thus, she misappropriated the entire amount of money. 8. Mr. Sarma further submitted that 48 FIRs are pending against the present
Page No.# 3/3 petitioner and the investigation is in a nascent stage and other culprits, who may be involved in the alleged offence, are yet to be nabbed. He further submitted that the petitioner being a woman from the same locality, there is every chance of hampering with the investigation, if she is granted with the privilege of bail, at this stage. 9. Heard the submissions of the learned counsel for both the parties and I have also perused the case diary, wherefrom, it is seen that sufficient incriminating materials was collected by the I.O. against the present petitioner and considering the nature of allegation and the stage of investigation, I find that further custodial interrogation of the petitioner may be required for the purpose of investigation of the case and at the same, the probability of hampering with the investigation also cannot be denied at this stage. 10. In view of the above, this bail application of the petitioner, namely, Mrs. Kalpana Chetia Barman, in said Dhemaji P.S. Case No. 111/2025 under Sections 61(2)/316(2)/318(4)/336(3) of the BNS, 2023 stands rejected. 11. This bail application accordingly, stands disposed of. 12. Return the Case Diary herewith. JUDGE Comparing Assistant