Niraj Nandan Saikia and 2 Ors v. The State of Assam

ORDER Date : 28.08.2024 Heard Mr. P. Bordoloi, the learned counsel appearing for the petitioners as well as Mr. P. Borthakur, the learned Additional Public Prosecutor for the State of Assam.

¶2This is an application under Section 482 of the Cr.P.C. praying for grant of pre-arrest bail to the petitioners in respect of Kalaigaon P.S. Case No.51/2024.

¶3The informant applied for a loan of Rs. 32,000/-from the Assam Gramin Vikash Bank, Bhakatpara. He submitted all his necessary documents for obtaining the loan. The bank granted him the loan and the informant had returned the loan by paying Rs.66,700/-

¶4It is alleged in the FIR that the people, who were running their customer service point used the documents of the complainant to obtain loan earlier thereby committing the offence.

¶5The present three petitioners are bank employees and they have appeared before the Investigating Officer pursuant to the interim order granted by this Court.

¶6Mr. Bordoloi has pointed out that the informant himself had taken the subsequent loan of Rs. 87,000/- and withdraw the money from the bank account.

¶7I have considered the submissions made by the learned counsels of both sides.

¶8The petitioners have already appeared before the Investigating Officer and they are co-operating with the police investigation.

¶9Considering the materials available in the case record, this Court is of the opinion that the petitioners do not deserve to be detained in custody. Therefore, the bail applications filed by the petitioners, namely, 1. Niraj Nandan Saikia, 2. Debopratim Boruah and 3. Hem Sagar Koirala is allowed.

¶10Therefore, the interim order granted earlier by this Court to the above-named Page No.# 3/3 petitioners is hereby made absolute.

¶11The bail application stands disposed of. The case diary shall be returned. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010154922024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/2040/2024o NIRAJoNANDANoSAIKIAoANDo2oORS.o S/OoBHUBANESWARoSAIKIA,oR/OoSATIoRADHIKAoROAD,oSOUTHo HAIBARGAON,oP.O.oANDoP.S.-HAIBORGAON,oPIN-782002,oDIST-oNAGAON,o ASSAM 2:oDEBOPRATIMoBORUAH oS/OoDWIJENoBORUAH oR/OoBYEoLANEoNO.o4 oWARDoNO.o1 oPHUKANoNAGAR oDERGAON oP.O.oANDoP.S.-DERGAON oPIN-785614 oDIST-oGOLAGHAT oASSAM 3:oHEMoSAGARoKOIRALA oS/OoPREMoPRASADoKOIRALA oR/OoVILL-oPURANIBHATI oP.O.-PANPUR oP.S.-JAMUGURIHAT oPIN-784180 oDIST-oSONITPUR oASSAo VERSUSo THEoSTATEoOFoASSAMo REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oPoBORDOLOI,oMSoMoNIROLAo Page No.# 2/3 Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA