Page No.# 1/6 GAHC010100942026 2026:GAU-AS:8728 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1076/2026 SABITRI CHAUDHURY W/O-NABA KISHORE CHAUDHURY RESIDENT OF- SECTOR 3, PLOT NO.615, NILADRI VIHAR, NEAR PHD WATER TANK P.O.-SAILASHREE VIHAR P.S.-CHANDRASEKHARPUR, BHUBANESWAR DIST.-KHORDHA, ODISHA VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR N Z CHOUDHURY, MR N A MAZARBHUIYA Advocate for the Respondent : PP, ASSAM, Page No.# 2/6 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 17.06.2026 Heard Mr. N.A. Mazarbhuiya, learned counsel for the petitioner. Also heard Mr. K.K. Das, learned Additional Public Prosecutor for the State. 2. This is an application under Section 482 of BNSS, 2023, praying for grant of anticipatory bail/pre-arrest bail to the petitioner in connection with Bihubor P.S. Case No. 03/2025, registered under Sections 109/61(2)/296/314/318(4)/351/3 (5)/336 (3)/338/340(2)/316(2)/308(2) of BNS, 2023. 3. On 12.07.2025, the complainant Dysmanta Kumar Muduli, S/o Rabidra Nath Muduli, R/o Plot No-99/A, Road No-10, Mahabir Nagar, Samantarapur, Bhbaneswar, Khurda, Odisha lodged a written FIR at Bihubor PS stating that his company dealt with coal mining and coal trading business at Nagaland. One Sameer Patnaik showed interest in his business and arranged fund through company called Revoltric Power Solution Pvt ltd. Of Odisha. Futher, Sameer Patnaik introduced Nerup Sundar Chaudhary as account head. After Sameer Patnaik was denied entry into the business by Dusmanta Kumar Muduli, he was framed by Sameer Patnaik through one Sunil Sahu who lodged an FIR at Odisha and sent him to jail. During the period of his jail custody, Sameer Patnaik, Nirud Page No.# 3/6 Sundar Chudhary, and Diganta Chetia started illegal mining and sold coal to different company and loaded rack without his knowledge. Moreover, they have taken cheque of amount Rs. 50,00,000/- in the name of Sunil trade link and another 50,00,000/- in the name of Global Trading Company from his wife Sasmita Nuduli. Now, Diganta Chetia refuses to calculate the expenditure and profit of company during his absence period. While he along with Pranad Roy and Prasanta Kumar Singh went to the house of Diganta Chetia, they were abused by Diganta Chetia with slang language and also threatened that in future if he came to Diganta Chetia’s house, he will shoot him and his family. Now said person wants to withdraw membership from company to save himself. 4. It is submitted that on behalf of the petitioner that the allegations leveled against her is completely false, fabricated and baseless. She further respectfully submits that the complainant Dusmanta Muduli @ Dusmanta Kumar Muduli and a few others had visited to the office of the petitioner's son - Nirup Sundar Chaudhury during August, 2024. After visiting, they offered him to buy landed properties in and around Bhubaneswar and Balasore. They further claimed that they are the rightful owners in possession and have power and authority to alienate them. In support of their claim, they showed documents purporting to be genuine, in respect of the said pieces of land. While the petitioner's son expressed his inability to purchase the same due to financial constraint, one of Page No.# 4/6 them introduced himself as a Chartered Accountant and convinced him to avail business loan from Nationalized Banks. Accordingly, petitioner's son submitted papers of his company i.e. Revoltric Power Solution Private Limited, to certain banks and financial institutions. As a result, YES Bank, TATA Capital, L&T Finance and other various financial institutions granted loan amount of approximately Rs.88,00,000/- (Rupees Eighty Eight Lakhs only). Upon receiving the said amount, the petitioner's son had entered into transaction with the aforementioned accused persons and paid them a cumulative amount of Rs. 20,00,000/-(Rupees Twenty Lakhs only) on 03.09.2024 through RTGS bank transaction vide transaction ID HDFCR52024090389641206, out of good faith and for the purpose of acquiring land for the company's business operations. 5. After receiving the full payment, the accused(s) including the complainant in the instant case repeatedly broke their promise to deliver the property, citing one excuse after another. Despite continuous follow-ups, notices etc., the accused(s) failed to give any concrete response. However, upon due verification, it was later discovered that the said documents were forged and fabricated and the accused(s) had no legal right, title or authority over the land they purported to sell/transfer. The son of the petitioner and his company, then, realised that the accused(s) have deceived them to acquire wrongful gain in a very a calculative and premediated manner. Eventually, the son of the petitioner has Page No.# 5/6 lodged an F.I.R. under Section 318(4)/338/296/351(2)/3(5) on 16.06.2025, which is received and registered as Chandrasekharpur P.S. Case No.343 / 2025. 6. It is further submitted that the informant of the present case is a history- sheeter, who has a long criminal record of cheating, forgery, impersonation, etc. and a number of criminal cases are pending against him, the details of it have been mentioned in the bail application. 7. The Case Diary as called for has been produced and upon perusal of the same, it appears that other than a bald allegation that the present petitioner is one of the co-conspiratives alongwith other co-accused persons, no specific or overt act has been attributed to her. 8. It is also pertinent to note that, one of the co-accused Diganta Chetia had been granted the privilege of pre-arrest bail by this Court vide Order dated 22.01.2026 passed in AB No. 2691/2025. 9. The son of the petitioner was also arrested but was subsequently released on bail. 10. It also appears on perusal of the Case Diary that the investigation of the case has been completed and the Circle Inspector, Simaluguri Circle, Sivasagar, by submitting a final progress report of the case dated 10.06.2026 has suggested to the I/O to submit the charge-sheet. 11. In view of the above, the custodial interrogation of the petitioner may not Page No.# 6/6 be necessary. 12. Accordingly, the prayer for pre-arrest bail is allowed. It is directed that the petitioner in the event of her arrest in connection with the aforesaid section shall be released on bail on furnishing a bail bond of Rs. 2,00,000/- with 2 sureties of the like amount to the satisfaction of the Arresting Authority. It is further provided that the petitioner shall appear before the I/O as and when called for, for the purpose of investigation and that shall not attempt to tamper with the evidence or try to influence the witnesses in any manner. 13. The petition is allowed accordingly. 14. Send back the Case Diary. JUDGE Comparing Assistant