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2025 DAILYLAW 19531 (GAU)

PRADIP DAS v. THE STATE OF ASSAM

AB/3089/2022 · 2025-08-11

Shamima Jahan

body2025

Judgment text

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Page No.# 1/5 GAHC010212282022 2025:GAU-AS:10640 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3089/2022 PRADIP DAS S/O LATE G.C. DAS R/O HOUSE NO. 133 (A), OPP. SAROJINI APARTMENT, BIRUBARI MAIN ROAD, P.S. DISPUR, GUWAHATI, DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP. HEREIN BY ITS PP, ASSAM Advocate for the Petitioner : MR S BORTHAKUR, MR. D GOGOI Advocate for the Respondent : PP, ASSAM, Page No.# 2/5 Page No.# 3/5 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 12.08.2025 Heard Mr. D. Gogoi, learned counsel for the petitioner and Mr. K.K. Parasar, learned Addl. Public Prosecutor for the State. This is an application by which the petitioner has prayed for pre-arrest bail in connection with BI(EO) P.S Case No. 17/2022 under Section 120B/420/406 of the Indian Penal Code read with Section 456 of Prize Chits and Money Circulation Schemes (Banning) Act, 1978 read with Section 5 of the Assam Protection of Interest of Depositors (In Financial Establishments) Act, 2013. The FIR dated 01.09.2022 lodged by the victims, inter alia reveals that the company namely, Assam operations of QI Bikes International Private Limited had started business through an Application basis two-wheelers transportation programme namely, Q.I Bikes and that until now, 874 persons including the victims had invested in the company by paying Rs. 16,000/- each but the company was stated to have purchased only 300 two-wheelers in the name of the investors and that thereafter, the company shut its operation and left Assam without either giving the bikes or the money to the investors. It is also alleged in the FIR that some investors were not given the bikes or the money but bikes and money were given Page No.# 4/5 to some persons who are not even investors and in the said process, the petitioner is also involved. Mr. D. Gogoi, learned counsel for the petitioner submits that the petitioner was granted interim pre-arrest bail on 26.10.2022 and was directed to comply with certain conditions. The learned counsel further submits that the petitioner had complied with the said conditions and had given his statement before the I/O and as such has prayed that the interim bail, be made absolute. Mr. K.K. Parasar, learned Addl. Public Prosecutor on perusal of the Case Diary submits that the petitioner had in fact had given his statement to the I/O on 01.11.2022. It is further reflected in the office note that few cases were inadvertently kept in the disposal section and the matter could not be listed for long. However, later on verification, the present case was found and the same is listed and therefore, it is seen that the petitioner has been under interim bail order since 26.10.2022. However, since the petitioner has complied with the conditions prescribed in the said bail order, he may be released on pre-arrest bail on furnishing a bail bond of Rs. 20,000/- with two (2) local sureties of the like amount to the satisfaction of the Special Judge, Morigaon under the following conditions:- (1) He shall cooperate with the investigation and appear before the Court as and when he is required. Page No.# 5/5 (2) He shall not tamper with the evidence or influence the witnesses whoever is connected with the case. (3) He shall not leave the jurisdiction of the concerned Trial Court without the leave of the same. Petition is disposed of. JUDGE Comparing Assistant