Nibha Boro v. The State of Assam

ORDER Date : 30.08

. 2024

¶1Heard Mr. B. Borah, learned counsel for the petitioner, Smti Nibha Boro, who has field this bail application under Section 482 of BNSS, 2023, with prayer for pre-arrest bail in connection with Basistha P. S. Case No. 545/2024 under Page No.# 2/3 Sections 3(5)/ 316(2)/318(4) of BNS, 2023.

¶2Also heard Mr. B.B. Gogoi , learned Addl. Public Prosecutor for the State respondent.

¶3The FIR unfolds that the petitioner along with other co-accused named in the FIR opened a "DAAI Trading App" and on the pretext of returns in the invested money, misappropriated huge amount of funds and then cheated the innocent citizens.

¶4It is submitted on behalf of the petitioner that the petitioner herself and her husband invested more than Rs. 13 lakhs in the said DAAI Trading Co. Annexure 4 are the bank transactions and the payments were made through UPI mode.

¶5Case diary as called for is received and perused. I have considered the submissions at the bar with circumspection. I have considered the progress of investigation. I have scrutinized the case diary produced before me.

¶6The learned Addl. P.P. has raised objection against the prayer of bail on the ground that there are incriminating materials against the petitioners in the case diary.

¶7It appears that custodial interrogation may not be necessary for further progress of investigation. The petitioner is willing to cooperate with the investigation and abide by all the stringent conditions if imposed on her. Investigation has progressed to a considerable extent. I have considered the submission of the learned counsel for the petitioner that her husband is at present bed ridden and Annexure 1 of the affidavit are the medical documents of his ailment.

¶8In view of my foregoing discussions, bail petition is allowed. Page No.# 3/3 Accordingly, it is directed that in the event of arrest of the petitioner named above in connection with the aforementioned case, she shall be enlarged on pre-arrest bail on furnishing a bond of Rs. 30,000/-with a suitable surety of like amount to the satisfaction of the arresting authority under the following conditions that:-

(i) the petitioner shall appear before the I.O. within 1

(one) week from today;

(ii) The petitioner shall refrain from such activities with which she is alleged;

(iii) the petitioner shall cooperate with the remaining part of investigation and shall appear before the I.O. on every fort night, till completion of investigation;

(iv) the petitioner shall not hamper with the investigation or tamper with the evidence of the case;

(v) the petitioner shall not leave the jurisdiction of the court without prior permission.

¶9On breach of any of the bail conditions, pre-arrest bail order shall stand automatically cancelled.

¶10The bail application is disposed of.

¶11Send back the case diary forthwith. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010160002024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2097/2024 NIBHA BORO W/O SRI BINOD DAS R/O GARCHUK P.O. GARCHUK P.S. GARCHUK DIST. KAMRUP (M), ASSAM PIN-781035 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR B BORA, MR P S RAJA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND