Page No.# 1/3 GAHC010263812024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3802/2024 PRANJAL BORUAH S/O SRI GONESH CH. BORUAH R/O BORPUKHURIPAR GAON P.S. DERGAON DIST. GOLAGHAT, ASSAM VERSUS THE UNION OF INDIA, REP. BY THE SC, CBI Advocate for the Petitioner : MR. S MUNIR, MR K HUSSAIN,A KONWAR,MR P KALITA Advocate for the Respondent : SC, CBI, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER Date : 17.03.2025 Heard Mr. S. Munir, learned counsel for the petitioner. Also heard Mr. M. Haloi, learned Standing counsel, CBI. 2. By this application filed under section 483 of the Bharatiya Nagarik Page No.# 2/3 Suraskha Sanhita, 2023, the accused petitioner namely, Pranjal Boruah, has prayed for bail in connection with CBI FIR No. RC0172024E0025 (arising out of Dergaon P.S. Case No. 140/2024) under Section 120(B)/420/406 IPC r/w Section 21(1)(2)(3) of Banning of Unregulated Deposit Schemes Act, 2019 (herein in after BUDS Act.) added Section 409 IPC/316(5) BNS, 2023. 3. The learned counsel for the petitioner has submitted that as per the FIR, the petitioner's brother is the prime accused, and the petitioner was arrested by the police while his brother was absconding at the relevant time. It is further submitted that charge-sheet has already been laid in connection with the case. Initially, the case was registered under Sections 420/406 of the IPC, along with Section 21(1)(2)(3) of the BUDS Act, and subsequently, Section 409 IPC and Section 316(5) of the BNS were added. However, at the time of filing the charge-sheet, Sections 409 IPC or 316(5) of the BNS were not included. The petitioner has been in judicial custody since his arrest on 05.09.2024. Being a local person and considering the background of the case, it is prayed that the petitioner be granted bail. 4. Mr. Haloi, learned Standing counsel, CBI has raised strong objection against the prayer of the petitioner. However, it is an admitted fact that Section 409 of IPC or 316 (5) of BNS have not been added in the charge-sheet. The petitioner is alleged to have lured other customers and induced them to invest their money in a trading business with promises of high returns. Although the charge-sheet has been laid against the petitioner, the investigation is still open for further inquiry as such, bail may not be considered at this stage. 5. I have considered the submissions made by the parties. I have also perused the trial court record. Page No.# 3/3 6. Situated thus, as the charge-sheet has been laid and the CBI has got enough time to interrogate the petitioner, this Court is inclined to grant bail to the petitioner. 7. Accordingly, the petitioner, named above, shall be released on bail in connection with CBI FIR No. RC0172024E0025 (arising out of Dergaon P.S. Case No. 140/2024) under Section 120(B)/420/406 IPC r/w Section 21(1)(2)(3) of BUDS Act, 2019 on furnishing bail bond of Rs.1,00,000/- (Rupees One Lakh) only with two suitable sureties of the like amount, to the satisfaction of learned Special Judge, CBI, Guwahati, Assam. 8. The direction for bail is further subject to the conditions that the petitioner: (a) shall not leave the territorial jurisdiction of learned Special Judge, CBI, Guwahati, Assam without prior written permission from him/her; and (b) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. 9. In the view of the above, the bail application stands disposed of. JUDGE Comparing Assistant