Page No.# 1/4 GAHC010177492025 2025:GAU-AS:11467 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1940/2025 MAHENDRA SARMA S/O- JADAB SARMA, R/O- VILLAGE- ALIKHAPARA, P.O.- DIPILA, P.S.- SIPAJHAR, DIST.- DARRANG, ASSAM, PIN - 784145. VERSUS STATE OF ASSAM REPRESENTED BY THE PP ASSAM Advocate for the Petitioner : MR C GOSWAMI, B. R. SAH,N. CHAKRABORTY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 27.08.2025 1. Heard Mr. N Chakraborty, learned counsel for the petitioner. Also heard Mr. K Baishya, learned Additional Public Prosecutor for the State of Assam. 2. By this application, the petitioner has prayed for pre-arrest Page No.# 2/4 bail in connection with Sipajhar P.S Case No. 104/2025 registered under Section 120(B)/406/468 of I.P.C. 3. The F.I.R dated 13.07.2025 reveals that one Ganesh Sharma had fraudulently prepared documents and books of a Samiti and by forging the signature of the Secretary collected huge amount of money from businessmen and other people from Dipila area. When a oral complaint was received, with regard to the said offence, the committee examined the matter and found out that one Ganesh Sharma, along with 3 other accused persons, the petitioner being one, had collected Rs. 2 crore 50 lakhs from the public at large and misappropriated the same. It was also stated when the said Ganesh Sharma was confronted, he returned back Rs. 35 lakhs to the informant. The only allegation against the petitioner is that the complainant stated that he, along with Ganesh Sharma and others had collected the said amount of money. 4. Mr. N Chakraborty, learned counsel for the petitioner submits that whatever allegations stated in the F.I.R was against the accused No. 1 i.e. Ganesh Sharma and that Ganesh Sharma had also filed a money suit for recovery of the said Rs. 35 lakhs which was taken from him forcibly by the informants. He also submits that the committee whose documents were used illegally and the signature of the Secretary of the said Samiti which was stated to have been forged, was closed long back as stated in the F.I.R and that there was no occasion for the petitioner to collect money and as such, he said that the Page No.# 3/4 allegation was not correct against the petitioner. 5. Mr. K Baishya, learned Additional Public Prosecutor for the State of Assam, however, submits by perusal of the Case Diary that the petitioner was involved in collection of money from public along with Ganesh Sharma and he has placed the statement of the complainant wherein, the complainant had stated that the said Rs. 35 lakhs which was given back by Mr. Ganesh Sharma to the complainant was kept in the house of Mahendra Sharma i.e. the petitioner and that the money was taken from the house of the petitioner and was given back. 6. I have heard the learned counsel for both sides and carefully gone through the Case Diary. It is noticed that Ganesh Sharma, along with the petitioner and 2 others had collected money from the public by using the documents of the committee fraudulently prepared and by using the signature of the Secretary of the said committee and the Case Diary also reveals that money is being kept in the house of the petitioner. It be stated here that money was being collected from the people at large, from the villagers who had high hopes in keeping the money with the committee. 7. In view of the above, this Court does not deem it fit to release the petitioner on pre-arrest bail, in the facts and circumstances of the case. 8. In view of the above, petition stands dismissed and disposed of. Page No.# 4/4 JUDGE Comparing Assistant