Smti. Kavery Das v. The State of Assam

ORDER 21-10-2024 Heard Mr. D. Upamanya, learned counsel for the petitioner and Mr. P. Borthakur, learned Additional Public Prosecutor, Assam for the State. 2) By this application filed under Section 482 of the BNSS, 2023, the petitioner, namely, Smti Kavery Das, wife of Sanjib Deuri resident of Sundaridia, District – Barpeta is seeking pre-arrest bail in connection with Barpeta P.S. Case No. 274/2024 registered under Sections Page No.# 2/3 120(B)/406/409/420 IPC. 3) Petitioner stated that she is working as a Stenographer Grade-I in the Court of learned Additional District and Sessions Judge, Barpeta, Assam and is no way connected with said Barpeta P.S. Case No. 274/2024, noted above. 4) As per the complaint dated 20.05.2024, lodged by some of the complainants before the District and Sessions Judge, Barpeta the petitioner along with two others are involved in the fraudulent activities in the name of companies called Big Bigul and Unity Meta by collecting money and investing them in those companies assuring them to provide high rate of interest on their such investments. 5) On the basis of the said complaint, the concerned District and Sessions Judge, Barpeta issued show cause notice to the petitioner on 04.06.2024 pursuant to which, she filed her reply on 11.06.2024 stating that she has been maliciously implicated in the case without being involved in any such criminal activities. 6) It is also stated that on the basis of the said complaint, the District and Sessions Judge, Barpeta on 04.06.2024 wrote to the Superintendent of Police, Barpeta requesting the said authority to register a case and to make a proper investigation. 7) On the basis of the request letter of the District and Sessions Judge, Barpeta dated 04.06.2024, Barpeta P.S. Case No. 274/2024 under Sections 120(B)/406/409/420 of the IPC was registered on 12.07.2024, wherein, the petitioner and two others are named in the said FIR. 8) Case diary reveals that the petitioner invested certain amount of money with said Big Bigul and Unity Meta companies and as she is a Government Page No.# 3/3 employee working in the District Judiciary, investors had trusted her and on her assurance, they invested their money in Big Bigul and Unity Meta companies to earn more and thereby, fell into trap in investing money with those fraudulent companies as per the assurance of the petitioner and other accused persons of the case. 9) Case diary also reveals that the said two companies have already been closed down and the investors are yet to receive their invested money with interest thereon. 10) Case diary reveals sufficient incriminating materials against the petitioner with regard to her involvement in the alleged crime pertaining to said Barpeta P.S. Case No. 274/2024. 11) Considering the materials in the case diary, this pre-arrest bail application of the petitioner, named above, in said Barpeta P.S. Case No. 274/2024 accordingly stands rejected. 12) Return the case diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010214272024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2737/2024 SMTI. KAVERY DAS W/O SANJIB DEURI, R/O SUNDARIDIA, P.S.-BARPETA, P.O.-SUNDARIDIA, DIST- BARPETA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MS. D L DEKA, MS. I DAS,MR. D UPAMANYA Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK