Page No.# 1/4 GAHC010211752025 2025:GAU-AS:12908 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2297/2025 BHANITA GOSWAMI D/O.BISHNU GOSWAMI, R/O. ALIKHAPARA, PATHARIGHAT, P/S. SIPAJHAR, DIST. DARRANG, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM Advocate for the Petitioner : MR. M BISWAS, J SINGPHO,A GHOSAL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 18.09.2025 1. Heard Mr. M. Biswas, the learned counsel for the petitioner. Also heard Mr. K.K. Parasar, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application under Section 482 of the Bharatiya Nagarik Page No.# 2/4 Suraksha Sanhita, 2023 has been filed by the petitioner, namely, Bhanita Goswami, who is apprehending her arrest in connection with Sipajhar P.S. Case No. 104/2025, under Sections 120(B)/406/420/468 of the Indian Penal Code, 1860. 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(ten) numbers of accused persons including the present petitioner. 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 connivance with other accused persons. 6. The learned counsel for the petitioner, Mr. M. Biswas, has submitted that on bare perusal of the FIR, it would reveal that the main allegation of collecting 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 responsible for the same. Page No.# 3/4 8. It is also submitted by the learned counsel for the petitioner that that on 01.02.2025, the accused No.1 had refunded Rs.35 lakhs to the informant No.2 Shri Bhabendra Sarma. 9. 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 apparent 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 realization of the amount of Rs. 35 lakhs which was paid by him to the said NGOs and for other reliefs. 10. The learned counsel for the petitioner has also submitted that since the petitioner is ready to cooperate in the investigation, his custodial interrogation may not be necessary. 11. Hence, he prays for allowing the petitioner to go on anticipatory bail. 12. On the other hand, the learned Additional Public Prosecutor prays for calling the Case Diary. 13. I have considered the submissions made by the learned counsel for both sides. 14. From the submissions made by the learned counsel for the petitioner 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 Page No.# 4/4 by the learned counsel for the petitioner that the main dispute is between Ganesh Sarma and the office bearer of Jana Kalyan Nidhi and the other NGO, namely, Silpa Aru, Banijyik Samabai Samiti, Patharight. 15. In view of the aforesaid facts, this Court is of considered opinion that the petitioner cooperate in the investigation, his custodial interrogation may not be necessary for fair completion of the investigation of Sipajhar Police Station Case No. 104/2025. 16. In view of above, the above-named petitioner is directed to appear before the Investigating Officer of Sipajhar Police Station Case No. 104/2025 within a period of 7(seven) days from the date of this order and cooperate in the investigation. If she does so within the stipulated period, in the event of her arrest, she shall be allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only), with one surety of like amount to the satisfaction of the arresting authority subject to the following conditions: i. That the petitioner shall co-operate in the investigation; and ii. That the petitioner 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. 17. This anticipatory bail application is, accordingly, disposed of. JUDGE Comparing Assistant