Prasenjit Roy v. The State of Assam

ORDER

12.08.2024

Heard the learned senior counsel Mr. A.M. Bora assisted by Mr. M. Sharma, learned counsel appearing for the petitioner. Also heard Mr. K.K. Parasar, learned Addl. Public Prosecutor appearing for the State of Assam.

¶2This is an application under Section 439 of the CrPC praying for bail by the petitioner Sri Prasenjit Roy in respect of Crime Branch P.S. Case No.01/2024 under Sections 120(B)/419/420/468/471/409 of the IPC.

¶3One lady wanted a bank loan. Therefore, she took a help of the person called Indrajit Subhash Mazumdar. She handed over her land documents for availing the loan. Later on, she came to know that the UCO Bank, Silpukhuri Branch gave a loan to one Rafique Ali wherein the lady was shown as a guarantor. Thereafter, the loan became Non-Performing Asset (NPA). SARFAESI Notice was issued.

¶4Said lady alleged that fraud was played upon her.

¶5The present petitioner is a Bank employee.

¶6Mr. Bora has submitted that the present petitioner had examined the documents only and on the basis of his report, his superior officer had sanctioned loan.

¶7Mr. Parasar has pointed out that the petitioner had stated before police that a lady came to his Bank and put her signatures in the necessary documents. According to Mr. Parasar, the signatures were subsequently found to be not of the informant lady.

¶8It may be mentioned that two persons, namely-Sri Indrajit Subhash Mazumdar and Rafique Ali are already released on bail. Page No.# 3/3

¶9This Court is of the opinion that the case diary has no sufficient materials against the present petitioner to justify his further detention in custody. Therefore, the bail application of the petitioner is allowed. The petitioner Sri Prasenjit Roy is allowed to go on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M), Guwahati. The bail application is disposed of accordingly. Send back the Case Diary.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010155852024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./2278/2024o PRASENJIToROYo S/OoSRIoNIPENoROY,oDEPUTYoGENERALoMANAGER,oUCOoBANK,o RECOVERYoDEPARTMENT,oKOLKATAoHEADoOFFICE,oR/OoHOUSEoNO.o4/23,o MORDECAIoLANE,oP.S./P.O.-DUMDUM,oDIST-o24oNORTHoPARGANAo(WESTo BENGAL),oPIN-700074 VERSUSo THEoSTATEoOFoASSAMo REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oAoMoBORA,oMR.oMoSoHUSSAIN,MR.oVoAoCHOWDHURY,MS. SoYASMIN,MR.oMoSHARMAo AdvocateoforotheoRespondento:oPP,oASSAM,oo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA