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2025 DAILYLAW 9120 (GAU)

JOGEN KALITA v. THE STATE OF ASSAM

AB/627/2025 · 2025-04-24

Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/3 GAHC010052792025 2025:GAU-AS:4996 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/627/2025 JOGEN KALITA S/O JATIN KALITA R/O NALBARI TOWN, WARD NO. 2, P.S. NALBARI, DIST.NALBARI, ASSAM PIN-781334 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. D P CHALIHA, MR M RANA,MD. I AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 25-04-2025 Heard Mr. D.P. Chaliha, learned Senior Counsel for the petitioner Jogen Kalita, who has filed this application under section 482 of Bharatiya Nagarik Page No.# 2/3 Suraksha Sanhita, 2023 with prayer for pre-arrest bail as he is apprehending arrest in connection with Nalbari Police Station Case No. 18/2025 under Sections 316(2)/316(5)/318(2)/318(4)/3(5) of Bharatiya Nyaya Sanhita, 2023 corresponding to GR Case No. 52/2025 2. The case involves many suicidal deaths owing to the pressure exercised by several LIC officials who have induced many borrowers to obtain loan in a fraudulent manner. The officials have created fake accounts and manipulated documents and have disbursed loans and thereafter, exercised pressure to the borrowers to repay the loan which resulted in suicidal deaths and other unfortunate incidents due to blackmailing and other modes of extortion. 3. Also heard Mr. K.K. Das, learned Additional Public Prosecutor, Assam. Learned Additional Public Prosecutor has submitted that the petitioner’s father has obtained loan in the year 2012 and after his father’s death, the loan account was closed. It is submitted that the present petitioner has provided customers to the main accused Shailen Sharma. 4. I have considered the submissions at the bar with circumspection. I have also scrutinized the Case Diary. The merits of the case are not brought to the fore. The petitioner is willing to cooperate with the remaining part of investigation. Investigation has progressed substantially. 5. It appears that anticipatory bail may be granted to the petitioner. 6. Considering all aspects, petition is allowed. In the event of his arrest, petitioner shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- Page No.# 3/3 (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that :- (i) the petitioner shall appear before the Investigating Officer within one week and cooperate with the investigation, (ii) the petitioner shall refrain from such activities with which he is alleged and, (iii) the petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation and, (iv) the petitioner shall not leave the jurisdiction of the Court without prior permission. 7. On breach of any of the bail conditions, the pre-arrest bail order shall stand automatically cancelled. 8. In terms of the above observation, this Anticipatory Bail application stands disposed of. 9. Send back the Case Diary. JUDGE Comparing Assistant