Tina Talukdar v. The State of Assam

ORDER

22.08.2023 Heard Mr. P.P. Dutta, learned counsel for the applicant. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor, Assam, appearing for the State respondent.

¶2Apprehending arrest in connection with BI(EO) P.S. Case No.11/2023 registered Page No.# 2/3 under Sections 120(B)/420/406/409/468/471 IPC, this application under Section 438 Cr.P.C. is preferred by the applicant Tina Talukdar for grant of pre-arrest bail.

¶3It is to be noted here that the aforementioned case has been registered on the basis of one FIR lodged by one Ugresh Kumar, General Manager, Assam Gramin Bikash Bank, Guwahati on 15.03.2023. The essence of allegation made against the applicant in the FIR is that she took a car loan amounting to ` 13,00,000/- for purchasing two brand new Ford vehicle and upon investigation and verification of the vehicle identification number at Vahan portal, it has been found that out of two cars, one stands registered in the name of one Gopal Hazarika of Jorhat and the other car was registered in the name of Kalyan Das of Sivsagar and the car registered in the name of Kalyan Das was found to be hypothecated in favour of the SBI, Colony Branch, Sivsagar and no hypothecation was made in favour of the Assam Gramin Bikash Bank, and thereby she had defalcated and misappropriated public money.

¶4Mr. Dutta, learned counsel for the applicant submits that vide order dated

28.07.2023, this Court was pleased to grant interim protection to the applicant and pursuant to the said order dated 28.07.2023, the applicant had appeared before the I.O. and she has been cooperating with the investigating agency. Referring to Annexure-6 and 7 of the petition, Mr. Dutta submits that the applicant had already liquidated the loan amount on 17.03.2023 and that she is ready to cooperate with the investigating agency and therefore, it is contended to make the interim order dated 28.07.2023, absolute in the same terms and conditions.

¶5On the other hand, Mr. R.J. Baruah, learned Additional Public Prosecutor, Assam, has produced the case diary before this Court and submits that the I.O. has collected materials against the applicant and therefore, he has opposed granting anticipatory bail to the applicant. However, Mr. Baruah submits that in view of the order of this Court dated

28.07.2023, the applicant had appeared before the I.O. and her statement is also recorded.

¶6Having heard the submission of learned Advocates of both sides, I have carefully Page No.# 3/3 gone through the petition and the documents placed on record and also perused the case diary with the assistance of Mr. Baruah, learned Addl. P.P.

¶7It appears that the applicant was granted interim protection vide order dated

28.07.2023, and pursuant to the said order, the applicant appeared before the I.O. and she has been extending cooperation with the investigating agency. Further, it appears from the Annexure-6 and 7 of the petition that she had already liquidated the loan amount and closed her account on 17.03.2023.

¶8In view of above, and also in view of the materials collected so far in the case diary as well as progress of investigation, her custodial interrogation seems to be not warranted here in this case and accordingly, the interim order dated 28.07.2023 is hereby made absolute in the same terms and conditions.

¶9In terms of above, this anticipatory bail application stands disposed of.

¶10CD be returned. Comparing Assistant Sd/- Robin Phukan JUDGE

Page No.# 1/3 GAHC010166262023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2611/2023 TINA TALUKDAR D/O BITUL TALUKDAR R/O LACHIT NAGAR (NEAR NABARUP SANGHA) P.S. DIBRUGARH DIST. DIBRUGARH, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. P P DUTTA Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN