Page No.# 1/3 GAHC010030222025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/324/2025 HITESH RAY S/O SATISH RAY R/OVILL-DIGHALI (MALIKCHI),P.O. BIDYAPUR, PIN-781335, DIST.NALBARI, ASSAM, PH. NO.8486410993 VERSUS THE STATE OF ASSAM REP BY THE SPECIAL PP, ASSAM Advocate for the Petitioner : MR. R B GOHAIN, MR. R K MAHANTA,MR. P J SAIKIA, SR. ADV,MR K J SAIKIA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 10.04.2025 1. Heard Mr. P. J. Saikia, learned Senior Counsel assisted by Mr. R. K. Mahanta, learned counsel for the petitioner. Also heard Ms. A. Begum, learned Additional Public Prosecutor for the State of Assam. Page No.# 2/3 2. This is an application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of Nalbari Police Station Case No.18/2025. 3. All though it is not mentioned in the FIR, an LIC Housing Finance Corporation Limited had lodged the said ejahar stating that some people assisted by some particular agents of the LIC Housing Finance Corporation Limited had arranged housing loans for some fictitious people. 4. While passing the order dated 04.03.2024 in Bail Application No.336/2025, this Court had already expressed the about doubt the locus standi of the informant in filing such a case because the ultimate loser will be the LIC Housing Finance Corporation Limited but the said organization has not made any complaint against anybody. 5. From the Case Diary it appears that one person named Sanju Sharma had approached a person called Tilak Deka and told him that he would be able to get a loan from LIC Housing Finance Limited. Sanju Sharma also informed him that if he applies for loan in his name, he will get a lesser amount and if he applies loan with his own wife, he will get a bigger amount of money. 6. Accordingly, Tilak Deka and his applied for the loan, thereafter Sanju Sharma again told them that the civil score of his wife was bad, therefore he had arranged another woman, who will put her signature in the loan application showing her to be the wife of Tilak Deka. 7. The Case Diary reveals that on one occasion Sanju Sharma was accompanied by the present petitioner. 8. Both the Sanju Sharma and Hitesh Ray allegedly instructed the wife of Tilak Page No.# 3/3 Deka to put the signature of other woman. 9. Police registered the case under Sections 3(5), 316(2), 316(5), 318(2), 318(4) of the BNS, 2023. 10. This Court has already expressed an opinion that the informant might not have the locus standi to make any complaint against his colleague LIC Housing Finance agents. It is the LIC Housing Finance Limited, who should have made such complaint. 11. This Court is of the opinion that under the given circumstances, this Court finds elements of some personal ill felling on the part of the present informant. 12. Therefore, the petitioner does not deserve to be detained in custody. 13. It is hereby directed that in the event of arrest in connection with Nalbari Police Station Case No.18/2025, the petitioner Hitesh Ray shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned arresting authority. 14. The petitioner shall co-operate with the Police Investigating Officer as and when required. 15. The present application stands disposed of. 16. Case Diary shall be returned back. JUDGE Comparing Assistant