Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010026042025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./336/2025 SAILEN SARMA S/O LATE DR. ASHWINI KR. SARMA, RESIDENT OF VILLAGE JAPARKUCHI, PS NALBARI, DIST. NALBARI, ASSAM . PRESENT RESIDENCE PROTECH TULIP, BEHORBARI, FLAT NO. 1(I) SOUTH BLOCK, PS BASISTHA, DIST KAMRUPM ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : MR. FIRUZ KHAN, MR. T K DAS,MR. ABHIJIT MENA,MR U CHAUDHURY Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 04.03.2025
Heard the learned counsel Mr. F. Khan appearing for the petitioner as well as Mr.K. Baishya, the learned Public Prosecutor appearing for the State of Assam. 2. This is an application u/s 483 of the BNSS, 2023 praying for grant of regular bail in respect
Page No.# 2/2 of Nalbari PS Case No. 18/202. 3. A person called Kumar Digjyoti Bharadwaj had lodged an FIR before police on 09.01.2025. He has alleged that the present petitioner alongwith another person acting as an agents of LIC Housing Finance created false documents so that some particular persons get housing loan. The name of many persons are mentioned in the FIR. 4. Mr. Baishya submits that the case diary has sufficient incriminating materials against the present petitioner. 5. Mr. Baishya, on the other hand, submits that the informant himself is an LIC Housing Finance Agent and because of enmity towards other agents, he lodge the FIR. 6. I have considered the submissions made by the learned counsel of both sides. 7. Here in this case, because of the alleged acts of the petitioner and some other persons, the ultimate loser would be the LIC Housing Finance. It has been alleged that some people have taken loans from the LIC Housing Finance by showing false documents. 8. This Court is of the opinion that the locus standi of the informant is doubtful under the present circumstances of the case. 9. For the aforesaid reasons, the petitioner no longer deserves to be detained in custody. Therefore, his bail application is allowed. 10. It is hereby directed that the petitioner, who was arrested in connection Nalbari PS Case No. 18/2025, shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Nalbari.
With the aforesaid direction, the bail application stands disposed of. The CD shall be returned. JUDGE Comparing Assistant