Amal Ch Arjya and Anr v. The State of Assam

ORDER

03.10.2024 Heard Mr P Rahman, learned counsel for the petitioners, 1) Amal Ch. Arjya, and 2) Smt. Moonmoon Dutta Arjya, who have filed this application under Section 482 of the BNSS, 2023, with prayer for bail, as they are apprehending arrest in connection with Page No.# 2/3 Abhayapuri PS Case No. 216/2024, corresponding to NGR Case No. 344/2024 under Sections 316(2)/318(2) of the BNS, 2023, read with Section 21(1)/21(2)/21(3) of the Banning of Unregulated Deposit Scheme Act, 2019.

¶3Heard Mr R R Kaushik, learned Additional Public Prosecutor appearing on behalf of the State of Assam.

¶4It is submitted on behalf of the petitioners that the petitioners have been falsely accused that they have misappropriated crores of rupees at Abhayapuri through an illegal app, namely, Hedgex, with the help of Asraful Ahmed, Anowar Hussain, Deepak Paul.

¶5The learned Additional Public Prosecutor has raised serious objection stating that there are incriminating materials in the Case Diary against the petitioners.

¶6I have also scrutinized the Case Diary.

¶7There are indeed incriminating materials in the Case Diary against the petitioners.

¶8Investigation is still under progress.

¶9It appears that investigation may be adversely affected if the petitioners are enlarged on bail, at this stage.

¶10Although it is submitted that an organization has lodged the FIR and the aggrieved have not lodged the FIR, yet at this juncture, I am not inclined to grant bail to the petitioners.

¶11Petition stands rejected at this stage. Page No.# 3/3

¶12Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010197842024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2557/2024 AMAL CH ARJYA AND ANR R/O VILL- BAMUNGAON PT.I, PS- ABHAYAPURI, DIST. BONGAIGAON, ASSAM 2: SMT. MOONMOON DUTTA ARJYA R/O VILL- BAMUNGAON PT.I PS- ABHAYAPURI DIST. BONGAIGAON ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. P RAHMAN, MR S ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND