Page No.# 1/3 GAHC010106462026 2026:GAU-AS:8003 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1153/2026 BANAMALI NATH S/O LILA NATH, R/O KAKI GAON, KAKI, DIST HOJAI, PIN 782442, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MS. T SOM, MS. A MAHANTA,R K SHARMA,MR. U HAZARIKA Advocate for the Respondent : PP, ASSAM, -BEFORE- HON’BLE MR. JUSTICE ANJAN MONI KALITA ORDER 08.06.2026 Heard Ms. T. Som, learned counsel appearing for the petitioner. Also heard Mr. B. Sharma, the learned APP for the state respondents. 2. This is an application under Section 482 of BNS 2023, praying for granting pre-arrest bail to the accused/applicant in connection Page No.# 2/3 with Lanka P.S. Case No.106/2026 under Sections 318(4)/316(2)/351(2)/61(2) of BNS 2023. 3. An FIR was lodged by the informant on 22.05.2026, alleging that the informant's husband died out of an accident, and her husband was in fact covered by a personal accident policy with the Universal Sompo General Insurance Company Private Limited. It is alleged that the accused person along with another person got to know about the death of the husband of the informant as well as of the fact that he is covered by insurance, approached the informant to help her out getting the insurance money. 4. It was alleged that in the aforesaid terms, certain documents as well as some certain cheques have been signed by the informant and handed over to the accused/applicant for doing the needful. It was alleged that on 11.04.2025, the informant received a communication from the Universal Sompo Insurance Company Private Limited that they have deposited Rs. 15 lakh into her account at HDFC, Hojai Branch; that, however, by taking the recourse of deceit, fraud, and cheating and with the intention to him misappropriate the amount, the accused applicant had in fact withdrawn the two amounts i.e. one Rs.2,00,000/- lakhs and another Rs.10,00,000/- lakhs from the account of the informant to the accused/applicant's own account. 5. In view of the aforesaid FIR, the police registered the Lanka P.S. Case No.106/2026 under the aforementioned Sections. 6. Ms. T. Som, the learned counsel appearing for the Page No.# 3/3 accused/applicant submits that the accused/applicant is no way linked in the incidents/offence that has been alleged in the FIR. She submits that in fact the accused/applicant used to help the husband as well as the informant on many occasions and there is no event of any deceit or misappropriation of money by the accused/applicant. Therefore, she submits that this is a fit case wherein she, the accused/applicant should be granted the privilege of pre-arrest bail. 7. On the other hand, Mr. B Sharma, the learned Addl. P.P. submits that there are sufficient incriminating materials against the accused/applicant in the case diary and therefore, opposes the prayer of bail by the accused applicant. 8. The case diary is produced before this Court and the same is perused by this Court. 9. After having found sufficient prime facie materials against the accused/applicant of his involvement in the instant case as narrated in the FIR, this Court is not inclined to grant any relief to the accused applicant at this stage. 10. In terms of the aforesaid directions, the instant anticipatory application stands rejected. 11. The instant anticipatory application stands dismissed. JUDGE Comparing Assistant