Prafulla Borah v. The State of Assam

ORDER Date : 04.12.2024 Heard Mr. S.J. Sarmah, learned counsel for the petitioner. Also heard Mr. M. Haloi, learned Standing counsel, CBI. Page No.# 2/3

¶2By this petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner, namely, Prafulla Borah, has prayed for granting pre-arrest bail, apprehending arrest in connection with Dibrugarh P.S. Case No. 354/2024 under Section 316(2), 318(4) of BNS, 2023 r/w Section 21, 23 of Banning of Unregulated Deposit Schemes Act, 2019.

¶3The prosecution case in brief is that an FIR has been lodged alleging that one Ranjit Kakoty brought a company namely, Trading FX and asked the investors to invest money in his company with a promise to high return. Subsequently, the said Ranjit Kakoti stopped payment of money to the investors.

¶4It is submitted by the learned counsel for the petitioner that the petitioner is no way involved in the alleged offence as stated in the FIR and his name is also not mentioned in the FIR. It is also submitted that the petitioner has been suffering from cardiac decease. There is an apprehension that if the petitioner appears before the investigating officer, he may be arrested. Considering the background of the case and the nature of the offence, benefit of pre-arrest bail may be extended to the petitioner.

¶5On the other hand, Mr. Haloi, learned Standing CBI, has vehemently objected to the prayer of the petitioner by stating that the petitioner is very much involved in the alleged offence and there is sufficient incriminating materials found in the case diary against the petitioner. It is also submitted that during investigation, it reveals that the petitioner maintained one SBI Bank account which shows that he used the said account to receive and transfer of investors' funds as part of the fraudulent operations. Considering the nature of the offence, custodial interrogation of the petitioner is required.

¶6I have considered the submissions made by the learned counsel for the parties. I have also perused the case diary. Page No.# 3/3

¶7It appears that the petitioner is one of the key players in the North East operating of the Trading FX fraud. Till date, sufficient incriminating materials have been collected against the petitioner. The investigation is still under progress. Considering the fact as well as background of the case, this Court is not inclined to grant bail to the petitioner at this stage of investigation. Hence, prayer for bail is rejected.

¶8The pre-arrest bail application stands disposed of accordingly. 9 . Return the case diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010198022024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2576/2024 PRAFULLA BORAH S/O MONIRAM BORAH VILL- NO. 1 MEJENGA GRANT P.S. TITABAR DIST. JORHAT STATE- ASSAM VERSUS THE STATE OF ASSAM TO BE REP BY THE PP ASSAM ------------ Advocate for : MR. S J SARMAH Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI