Page No.# 1/4 GAHC010179862025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1943/2025 HIJAM ZEUS SINGHA AND ANR S/O- HIJAM BIREN SINGHA, FLAT NO- 2A, 2ND FLOOR, HAREKRISHNA APARTMENT , MOTHER TERESA ROAD, NARIKAL BASTI, P.O- ZOO ROAD, P.S- GEETANAGAR, GUWAHATI- 24, KAMRUP (M), 2: KULENDRA CHAKRABORTY S/O- DULAL CHAKRABORTY R/O- SHAKUNTOLA PUKHURI NEAR BAIDIK ASHRAM LP SCHOOL SILPUKHURI P.S- CHANDMARI GUWAHATI-0 VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR P NEOG, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 26.08.2025 1. Heard Mr. R. De, learned counsel for the petitioners. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State. Page No.# 2/4 2. This application under Section 482 of BNSS, 2023 has been filed by the petitioners, namely, Sri Hijam Zeus Singha and Sri Kulendra Chakraborty, who are apprehending their arrest by Satgaon Police Station in respect of a vehicle bearing Registration No. AS-01-FT-7507 (Scorpio N) which was hypothecated to Cholamandal Investments and Finance Company Limited. 3. The learned counsel for the petitioners has submitted that the petitioners are serving as Regional Area Recovery Manager respectively in Cholamandal Investments and Finance Company Limited. He further submits that one Salim Khan availed loan from the aforementioned company for purchase of Scorpio-N by entering into a loan-cum-hypothecation agreement. Accordingly, the company as financer has provided financial assistance, to the tune of Rs.22,08,757/- to the said Salim Khan. 4. The learned counsel for the petitioners submits that the said Salim Khan defaulted in payment of regular EMIs against the said loan and, accordingly, the aforesaid company, approached the City Civil Court at Calcutta. The said Court by its order dated 06.05.2035 passed in Misc. Case No. 2719/2035 appointed one Somnath Chattopadhay as receivers for taking over possession of the aforesaid vehicle. Accordingly, the possession of the vehicle was taken over and it was kept in parking yard at Guwahati. However, after taking possession, the company came to know that the said Salim Khan had, in the meanwhile, without informing the financer, i.e., the aforesaid company had transferred the ownership of the said vehicle to a third person. 5. The learned counsel for the petitioners has submitted that though the petitioners were not aware of lodging of any FIR against them, however, they were repeatedly called by the police of Satgaon Police Station in connection with the said vehicle. The learned counsel for the petitioners has submitted that the Page No.# 3/4 petitioners, who are merely employees of the above-mentioned company have co-operated with the police by providing all the necessary documents to the police. He submits that the petitioners are ready to co-operate with the police, however, they apprehend that they may be arrested by police. As the petitioner did not provide any information regarding pendency of any criminal case in respect of the above-mentioned vehicle, this Court by order dated 20.08.2025 had called for a report from the Officer-in-charge of Satgaon Police Station, whether any FIR has been lodged in the said police station against the present petitioners. 6. The learned Additional Public Prosecutor has submitted that the Officer-in-charge of Satgaon Police Station has furnished a report whereby it has been informed that a complaint was lodged by one Rahima Begum alleging that her four-wheeler vehicle bearing Registration No. AS-01-FT-7507 (Scorpio-N) has been illegally detained by four persons including the present petitioners and all of them were the staff of Cholamandal Investments and Finance Company Limited. 7. It is also submitted by the learned Additional Public Prosecutor that though no regular police station case has yet been registered, however, a GD Entry was made on the police station bearing Satgaon P.S. GDE No. 15 dated 07.08.2025 and presently inquiry is going on. 8. Let the report furnished by the learned Additional Public Prosecutor be kept in this case as a part of it. 9. As it appears that a complaint has been lodged by one Rahima Begum against the present petitioners in respect of the above-mentioned vehicle and inquiry is going on, there is a probability that the police station case may also be Page No.# 4/4 registered and the apprehension of the petitioners of getting arrested in the said case is not without any basis. 10. As the petitioners are ready to co-operate in the inquiry/investigation, this Court is of the considered opinion that their custodial interrogation may not be necessary for completion of any inquiry or investigation in respect of the above-mentioned case. 11. In view of above, this anticipatory bail application is disposed of with a direction to both the petitioners to appear before the Officer-in-Charge of Satgaon Police Station within seven days from the date of this order and co- operate in the inquiry initiated in respect of Satgaon P.S. GDE No. 15 dated 07.08.2025. If they do so, in the event of registration of any police station case in respect of the said GDE and in the event of arrest of the above named petitioners, they shall be allowed to go on bail of Rs.30,000/- (Thirty Thousand) each with one surety of like amount subject to the satisfaction of the arresting authority with the following conditions:- (i) That the petitioners shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts of the case before the Investigating Officer; (ii) That the petitioners shall co-operate in the investigation. 12. This anticipatory bail application is accordingly disposed of. JUDGE Comparing Assistant