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2025 DAILYLAW 6862 (GAU)

NISANT AANAND v. THE STATE OF ASSAM

AB/245/2025 · 2025-04-27

Kaushik Goswami

body2025

Judgment text

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Page No.# 1/4 GAHC010072202025 2025:GAU-AS:5109 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/245/2025 NISANT AANAND S/o. Jiblal R/o. House No.16, 1st Floor, South Sarania, Bye Lane No.2, Lachit Nagar, Guwahati-781007 P.S.- Paltan Bazar, P.O.- Ulubari, Dist- Kamrup Metro, Assam. VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR. D BARUAH Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 28.04.2025 Heard Mr. M. Saikia, learned counsel for the petitioner. Also heard Mr. K. K. Parashar, learned Additional Public Prosecutor, for the Page No.# 2/4 State respondent. 2. This petition is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail to the petitioner i.e. Nisant Aanand, who is apprehending arrest in connection with Nalbari P.S. Case No.18/2025 registered under Section 316(2)/316(5)/318(2)/318(4)/3(5) of the Bharatiya Nyaya Sanhita, 2023, and added Section 61(2) of the Bharatiya Nyaya Sanhita, 2023. 3. The brief facts of the prosecution case is that an F.I.R. was lodged on 09.01.2025 before the Officer-in-Charge of Nalbari Police Station alleging inter alia that certain LIC agents in collusion with official staff of LIC Housing Finance Limited, Guwahati have been sanctioning illegally housing loans to customers by submitting fake documents, fake guarantors and fake spouses amongst other false information. Accordingly, a case was registered. 4. Mr. M. Saikia, learned Counsel for the petitioner submits that the petitioner is presently working as Cluster Head of Assam and Tripura, posted in Life Insurance Corporation Housing Finance Limited and he joined in the said office as Area Manager on 27.05.2022 and promoted to the said post of Cluster Head on 12.05.2023. He further submits that since the allegation made in the instant F.I.R. and the anomalies referred therein is with regard to the loan account, which is not related to the petitioner in any way, the petitioner has been unnecessarily dragged in the case. Page No.# 3/4 5. Per contra Mr. K. K. Parasar, learned Additional Public Prosecutor, Assam submits that there is no material in the case diary to indicate direct involvement of the petitioner in the alleged offence. 6. I have considered the submissions made by the learned counsels of both the parties and also perused the material available on record. 7. It appears that the petitioner, who is the Cluster Head of the Life Insurance Corporation Housing Finance Limited in question, was questioned in connection with the FIR in question on 30.01.2025 and two documents have already been seized from his possession. That apart, perusal of the case diary indicates no direct incriminating material at this stage against the petitioner. It appears that the petitioner is co- operating with the investigation. 8. That being so, this Court is of the considered opining that custodial interrogation of the petitioner is not justified. Accordingly, it is provided that in the event of arrest, the petitioner named above, shall be released on pre-arrest bail in connection with the above noted case, on furnishing bail bond of Rs. 20,000/- with one surety of like amount to the satisfaction of the arresting authority, subject to the following conditions:- i) That the petitioner shall appear before the Investigating Officer within 10 days, failing which on and from the 11th day, the pre-arrest bail order shall have no force; Page No.# 4/4 ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any persons acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any Police Officer. iii) That the petitioner shall refrain from committing any similar offences in future of which he is accused or suspected of commission. 9. Resultantly, this anticipatory bail application stands allowed and is disposed of. JUDGE Comparing Assistant