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2025 DAILYLAW 6932 (GAU)

AKSHAY GOYAL v. THE STATE OF ASSAM

AB/251/2025 · 2025-02-05

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010022692025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/251/2025 AKSHAY GOYAL S/O ARUN KUMAR GOYAL PRESENTLY RESIDING AT FLAT NO. 206,ASHA RESIDENCY, EJIPURA, BEGUR HOBLI, BANGALORE-560047, PERMANENT RESIDENT OF 406,SHANTI SADAN, 4TH FLOOR,A.T. ROAD, OPP. MAHAVIR BHAWNA,ABOVE RATAN AUTOMOBILES,FANCY BAZAR, , P.S. PANBAZAR, GUWAHATI-781001, DIST. KAMRUP (METRO),ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. N MAHAJAN,MR. P K DAS Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA 06/02/2025 Heard Mr. B. K. Mahajan, the learned counsel appearing for the petitioner. Also heard Mr. R. R. Kaushik, the learned Additional Public Prosecutor, Assam for the State. 2. This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail to the petitioner, Akshay Goyal, in connection with Bharalumukh P.S. Case No. 10/2025 registered under Sections 318(3)/316(5)/336(3)/342(2)/3(5) of BNS, 2023. 3. Mr. Kaushik, the learned Additional Public Prosecutor, Assam, has objected to this pre-arrest bail application. 4. A person called Ankit Kr. Sharma has lodged an FIR before police alleging that he had invested an amount of Rs.15,00,000/- in the firm of Asim Goyal, who is the elder brother of the present petitioner. The name of the firm is NMF Platform Planet. No money was deposited in the bank account of the petitioner. 5. The present petitioner being the younger brother of Asim Goyal works in a company at Bengalore and stays there. 6. From the materials available with the records, it appears that the elder brother, Asim Goyal had created an agent code in the name of the present petitioner, who is his own younger brother, that too without his knowledge and through that agent code, he took money from different persons for investing the same in the stock market. It may also be stated that the elder brother, Asim Goyal has already been arrested by police. 7. At this stage, this Court is of the opinion that there are no elements of a prima-facie criminal case against the present petitioner. Everything was done by the elder brother of the petitioner. Therefore, the present petitioner does not deserve to be detained in custody. His pre-arrest bail application is allowed. 8. It is hereby directed that in the event of arrest in connection with Bharalumukh P.S. Case No. 10/2025, the petitioner, Akshay Goyal shall be released on bail of Rs.20,000/- with a surety of like amount to the satisfaction of the arresting authority. Page No.# 3/3 9. The petitioner shall appear before the Investigating Officer within next 10 (ten) days from today. He shall continue to co-operate with Police Investigating Officer as and when required. 10. With the aforesaid direction, the pre-arrest bail application is disposed of. JUDGE Comparing Assistant