Page No.# 1/5 GAHC010184142025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1990/2025 BISHNU GOSWAMI AND ANR S/O LATE KABI CHARAN GOSWAMI R/O VILL- HARIPUR, P.O. DUNI, P.S. SIPAJHAR, DIST. DARRANG, ASSAM 2: JAYASHREE GOSWAMI @ JOYSRI GOSWAMI S/O SHRI AMBIKA SARMA R/O VILL- ALIKHAPARA P.O. DIPILA P.S. SIPAJHAR DIST. DARRANG ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR G J SAIKIA, A GHOSAL,J SINGPHO,MR. M BISWAS Advocate for the Respondent : PP, ASSAM, Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 27.08.2025 1. Heard Mr. M. Biswas, the learned counsel for the petitioner. Also heard Ms. M. Das, the learned Additional Public Prosecutor for the State Respondent. 2. The application under Section 482 of BNSS, 2023, has been filed by the petitioners, namely, (1) Bishnu Goswami, and (2) Jayashree Goswami @ Joysri Goswami, who are appending their arrest in connection with Sipa- jhar Police Station Case No. 104/2025 registered under Sections 120(B)/406/420/468 of the BNS, 2023. 3. The gist of accusation in this case is that on 11.07.2025, one Kulendra Deka and three others had filed an FIR before the Officer-In-Charge of Sipajhar Police Station naming therein 10 numbers of accused persons in- cluding the present petitioners. 4. It has been stated inter-alia, in the said FIR that the accused No. 1 named in the FIR, namely, Shri Ganesh Sarma has printed forged books and other papers in the name of Jana Kalyan Nidhi, Silpa Aru, Banijyik Samabai Samiti, Patharight and also forged the signatures of secretaries of the said NGOs and illegally collected huge sum of money. 5. It is also stated in the FIR that the accused No.1 has done so in conniv- ance with other accused persons. Page No.# 3/5 6. The learned counsel for the petitioners, Mr. M. Biswas, has submitted that on bare perusal of the FIR, it would reveal that the main allegation of col- lecting and misappropriating money is levelled against the accused No.1, Shri Ganesh Sarma. 7. He further submits that in the FIR itself, it has been stated that in various public meetings, the accused No.1 has clarified that no office members of any NGO are involved in such collection of money and he himself is re- sponsible for the same 8. It is also submitted by the learned counsel for the petitioners that that on 01.02.2025, the accused No.1 had refunded Rs.35 lakhs to the informant No.2 Shri Bhabendra Sarma. 9. The learned counsel for the petitioners has submitted that the petitioners are in no way involved in the offence alleged in the FIR and he also sub- mits that the petitioner No.1 is an aged person of 73 years of age and pe- titioner No.2 is a lady and they are ready to cooperate in the investigation. 10. He further submits that there appears to be a dispute between accused persons, accused No.1 named in the FIR and the NGOs involved as appar- ent from the fact that the accused No.1 has also filed a title suit against the office bearers of the said NGO, namely Jana Kalyan Nidhi for realiza- tion of the amount of Rs. 35 lakhs which was paid by him to the said NGOs and for other reliefs. 11. The learned counsel for the petitioners has also submitted that since the petitioners are ready to cooperate in the investigation, their custodial in- terrogation may not be necessary. Page No.# 4/5 12. Hence, he prays for allowing the petitioners to go on anticipatory bail. 13. On the other hand, the learned Additional Public Prosecutor prays for call- ing the case diary. 14. I have considered the submissions made by the learned counsel for both sides. 15. From the submissions made by the learned counsel for the petitioners as well as on the perusal of the FIR, it appears that the main accusation in the said FIR is against the accused No.1, namely, Ganesh Sarma. It also appears that the said Ganesh Sarma has also filed a civil suit bearing Title Suit No. 77/2025, which fortifies the submissions made by the learned counsel for the petitioners that the main dispute is between Ganesh Sar- ma and the office bearer of Jana Kalyan Nidhi and the other NGO, namely, Silpa Aru, Banijyik Samabai Samiti, Patharight. 16. In view of the aforesaid facts, this Court is of considered opinion that if both the petitioners cooperate in the investigation, their custodial interro- gation may not be necessary for fair completion of the investigation of Sipajhar Police Station Case No. 104/2025. 17. In view of above, both the above-named petitioners are directed to ap- pear before the Investigating Officer of Sipajhar Police Station Case No. 104/2025 within a period of seven days from the date of this order and cooperate in the investigation. If they do so within the stipulated period, in the event of their arrest, they shall be allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only), each with one surety of like amount to the satisfaction of the arresting authority subject to the follow- ing conditions: Page No.# 5/5 i. That the petitioners shall co-operate in the investigation. ii. That the petitioners shall not directly or indirectly make any induce- ment, 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. 18. This anticipatory bail application is, accordingly, disposed of. JUDGE Comparing Assistant