Biki Roy v. The State of Assam

ORDER

08.10.2024 Heard Mr. S Islam, learned counsel for the petitioner. Also heard Mr. Bhaskar Sarma, learned APP appearing for the State. Page No.# 2/4

¶2Apprehending arrest in connection with Dalgaon PS Case No.185/2024, under Sections 406/420 IPC, read with Sections 21(1)/21(2)/21(3) of the Banning of Unregulated Deposit Schemes Act, 2019, the petitioner has filed this application of pre-arrest bail under section 482 of BNSS, 2023.

¶3As per the FIR, a company by name Khalich Nidhi Ltd., operating in Darrang district is regularly collecting huge deposits from public in violation of the provisions of Sections 73 and 406 of the Companies Act, 2013 by offering unregulated deposit scheme as defined under Section 2(17) of the Banning of Unregulated Deposits Schemes Act, 2019 which is in violation of Section 3 of the said act.

¶4Mr. Bhaskar Sharma, the learned APP has produced the case diary and has opposed the prayer for bail. It is submitted that the investigation is at a nascent stage and the case diary reveals that the petitioner is the person who had provided program on the act by which all the accounts of the company of the principal accused are kept in cloud storage, which is hampering the investigation.

¶5On perusal of the case diary, it appears that there are sufficient incriminating materials against the petitioner of providing an application by which the Khalich Nidhi Ltd. has dispensed with books of accounts and they are maintaining their accounts in cloud computing system. Nonetheless there is no material so far in the case diary which suggests that the petitioner had undertaken the task of collecting deposits from public for and on behalf Khalich Nidhi Ltd. The investigation carried was so far does not indicate that the petitioner to be a Director of this said company or in any way in-charge of the affairs of the said company. Page No.# 3/4

¶6Under such circumstances, the Court is of the considered opinion that custodial interrogation of the petitioner may not be necessary. Accordingly, the Court is inclined to grant pre-arrest bail by providing that in the event of his arrest, the petitioner, namely, Biki Roy in connection with the aforesaid case, he shall be released on pre-arrest bail on furnishing bail bond of Rs.50,000/- with one solvent surety of like amount to the satisfaction of the arresting officer.

¶7The pre-arrest bail is granted on the following conditions: I. That the petitioner shall make himself available to the police or any other investigating agency or Court in the present case as and when required. II. That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witness. III. That the petitioner shall not obstruct the smooth progress of the investigation/trial. IV. That the petitioner shall not misuse his liberty in any manner. V. That the petitioner shall not jump over the bail. VI. That the petitioner shall appear before the I/O within 7 (seven) days from the date of this order.

¶8This application stands disposed of. Page No.# 4/4

¶9Case diary is returned.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010207922024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2666/2024 BIKI ROY S/O BALAI ROY R/O MANGALDAI TOWN, WARD NO. 5, NATUNPARA, P.O. AND P.S. MANGALDAI, DIST. DARRANG, ASSAM, PIN NO. 784125 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A CHOUDHURY, MS. A KAUSHAR,MR S ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA