Smti Ankita Dhar v. The State of Assam

ORDER

18.09.2024

¶1Heard Mr. A. Bhattacharya, learned counsel for the petitioner Ankita Dhar.

¶2The petitioner has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as she is behind bars since Page No.# 2/3

03.09.2024 in connection with Hailakandi P.S. Case No. 201/2024 registered under Sections 406/420/34 of the IPC read with Sections 21(3)/22/23 of the Banning of Unregulated Deposit Schemes Act, 2019.

¶3Heard Ms. S. Jahan, learned Additional Public Prosecutor, Assam for the respondent State.

¶4Learned Additional Public Prosecutor has raised objection stating that the alleged offence is an economic offence and the petitioner is the Block Officer of a Company which was registered under the RBI and recognized by SEBI.

¶5The FIR unfolds that the complainant was duped into investing Rs. 2000/- for a loan of Rs. 25,000/-. It is submitted on behalf of the petitioner that the Forwarding Report reveals that before the FIR was lodged, investigation had already commenced and all the officials of the Singhania Fintech Agribusiness Consortium were forwarded to custody on discovery of the alleged offence. Anexure-3 of the petition depicts that the receipt was not signed by the present petitioner. The present petitioner is a new incumbent of the Company and she was not aware that it was a fraud company acting in a fraudulent manner to procure deposits on the pretext of providing loan. It is further submitted that the petitioner's 4 year old daughter is suffering from asthmatic problem. The petitioner has to take care of her daughter. It is submitted that the petitioner has already co-operated with the investigation.

¶6The learned Special Judge while rejecting the police remand vide order dated 09.09.2024, in connection with the aforementioned case has observed that police remand of the petitioner is not required.

¶7I have considered the submissions at the Bar. It appears that bail may be granted to the petitioner. Page No.# 3/3

¶8The petitioner shall be enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction of the learned Special Judge cum Sessions Judge, Hailakandi under the conditions that:

(i) The petitioner shall co-operate with the remaining part of the investigation and appear before the Investigating Officer on every fortnight till completion of investigation,

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

(iii) The petitioner shall not leave the jurisdiction of the Court without prior permission.

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

¶10In terms of the above observation, bail application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010193082024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2815/2024 SMTI ANKITA DHAR W/O SHRI HIROK JYOTI PAUL PERMANENT RESIDENT OF HAILAKANDI TOWN, WARD NO. 6, P.O., P.S. AND DIST. HAILAKANDI, PIN-788151 VERSUS THE STATE OF ASSAM REPRESENTED BY THE LD. PP, ASSAM Advocate for the Petitioner : MR. A BHATTACHARYA, MS ANKITA SAHARIA,MR S PAUL,MR. A BHATTACHARJEE Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND