Page No.# 1/4 GAHC010154682026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1706/2026 SRI DIPAK KALITA AND ANR SON OF LATE PRABIN CH. KALITA, VILLAGE- SANPARA, POST OFFICE- JHAROBARI, POLICE STATION- PALASHBARI, DISTRICT- KAMRUP ASSAM, PIN-781122 2: SRI DIGEN KALITA SON OF LATE BIPON KALITA VILLAGE- SANPARA POST OFFICE- JHAROBARI POLICE STATION- PALASHBARI DISTRICT- KAMRUP ASSAM PIN-781122 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. K N CHOUDHURY, MS. L WANGSA,N GAUTAM,MR. B RAHMAN,MR. T DEURI Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 31.07.2026 Heard Mr. K N Choudhury, learned Senior Counsel assisted by Mr. B. Rahman, learned Counsel for the petitioners and Ms. S.H. Bora, leared Additional Public Prosecutor for the State. 2. By this application, the petitioners have prayed for pre-arrest bail in connection with Palashbari Police Station Case No.171/2026 registered under Sections 61(2)/318(4)/316(5) of the BNS, 2023. The FIR in respect of which the petitioners apprehends arrest was filed by the aggrieved depositors dated 21.07.2026 by which it was stated inter alia that when the petitioner no.1 being the present President of the Rani Bholagaon Panchayat Samabai Samittee Limited and petitioner no.2 being the Secretary of the said Samabai Samittee were working as such in the cooperative society, there was non-compliance of the directions of the Reserve Bank of India and in violation of the provisions, rules and regulations applicable to the cooperative society, they had lured the public to deposit money in various savings and security deposit schemes with the promise that the deposited amounts along with the profits would be given back to them. However, it has been stated in the FIR that the money was deposited by the depositors in the said schemes but neither the profits nor the principal amount were returned back to them. It is also alleged that various documents were taken from the said informants, which were also not returned Page No.# 3/4 back to them. 3. Mr. K.N. Choudhury, learned Senior Counsel submits that the petitioners are no way involved in the said offence and the money was deposited by the informers in the account of Samabai Samittee. 4. On the other hand, Ms. S.H. Bora, learned Additional Public Prosecutor for the State submits that there is a clear allegation against the petitioners that they had not returned the money of the informants along with the profits as they had promised. 5. Upon consideration of the submissions made by the learned Counsels for the parties and more so, in view of the fact that the money was deposited in the account of the Samabai Samittee Limited, this Court finds it fit to enlarge the petitioner on pre arrest bail on furnishing of bail bond of Rs. 20,000/- each with one local surety each of the like amount to the satisfaction of Arresting Authority under the following conditions: i) the petitioners to appear before the Investigating Officer within a period of 10 days from the date of the order. ii) the petitioners will appear before the Investigating Officer thereafter as and when called for. iii) the petitioners will not hamper, tamper with the evidence, neither influence the witnesses connected with the case. iv) the petitioners will not leave the place of jurisdiction without the permission of the Arresting Authority. iv) if the petitioners fails to appear before the Investigating Officer within the stipulated date , his bail order will be amenable for cancellation by the concerned Court. Page No.# 4/4 6. Petition is disposed of. JUDGE Comparing Assistant