Nirmal Kumar Mishra v. The State of Assam

ORDER Date : 19.10.2023

Heard Mr. P.D. Nair, learned counsel for the petitioner. Also heard Mr. K.K. Das, learned Additional Public Prosecutor for the State/respondent.

¶2This is an application made under Section 439 Cr.P.C., seeking bail Page No.# 2/5 by the petitioner, namely, Nirmal Kumar Mishra, in connection with Basistha P.S.

Case

No.

593/2023, registered

under Section 120(B)/419/420/385/468/471 IPC r/w Section 66 D of the I.T. Act, 2000.

¶3It is submitted by the learned counsel for the petitioner that the petitioner is an employee of Ritz Carlton Hotel and Resorts Pvt. Ltd. under the Ministry of Corporate Affairs, Government of India.

¶4The FIR has been lodged on 27.09.2023 before the O/C, Basistha Police Station alleging inter allia that the informant had received a phone call from a number 9891004345/9289131900 stating that the caller is from Ritz Carlton Hotels & Resorts and told that the informant had won a complementary luxury gift card and had invited him to collect it from Greenwood Hotel, Guwahati. The informant had initially refused to go but several calls and blackmailing messages were sent, whereupon he and his friend decided to go to the hotel and meet them. When the informant and his friends reached the hotel, they found 7/8 persons sitting in the lounge and they approached them with some papers and asked them to sign the papers and pay Rs.3,000/- as prepaid administration fees but the informant refused to pay the same. When they insisted to pay only taxes, on suspicion, the informant called the police whereupon they were taken to the police station.

¶5It is further submitted by the learned counsel for the petitioner that the petitioner and some other employees of the company were arrested in connection with the said case purely on suspicion, fraud and trapping innocent people for wrongful gain. It is also stated that the petitioner came to Guwahti to promote their company and market its hotel packages. The said company provides packages for holiday destinations in the places like Rishikesh, Shimla, Page No.# 3/5 Haridwar, Goa etc. It books hotel accommodation for its customers for which it takes fee and in order to promote the company, it offers vouchers entitling the prospective customers, for which an administration fee of Rs.3,000/- is to be charged which is clearly mentioned in the vouchers.

¶6It is further submitted that though the petitioner along with other employee requested the informant to pay Rs.3,000/- for administration fee but they refused to pay. It has also pointed out that the FIR lodged on mere suspicion of fraud. It is also stated that the petitioner was arrested on

28.09.2023 and since he has been languishing in jail hazot. Considering the background of the case, bail may be considered to the petitioner.

¶7In response, Mr. Das, learned Additional Public Prosecutor for the State has submitted that from the case diary, it reveals that the petitioner along with other employee of the said hotel, have collected money from the people in the name of holiday packages, hotel accommodation and other facilities but they did not provide the same. At this stage of investigation, bail may not be considered.

¶8I have considered the submissions made by the learned counsel for the parties. I have also perused the case diary.

¶9The allegation against the present petitioner is that when the petitioner and other employee of the said hotel approached before the informant to pay Rs.3,000/-, he refused to pay the same. Subsequently, they asked him to pay some more money for the purpose of taxes. Though some allegations were made in the case that in the name of Ritz Carlton Hotel and Resorts Pvt. Ltd., some people have collected money to provide holiday packages, hotel accommodation and other facilities but which are not connected with the present case as alleged in the FIR. Page No.# 4/5

¶10Considering the materials found in the case diary, this Court is of the view that further custodial detention of the accused-petitioner is not necessary in the interest of investigation of the case.

¶11Accordingly, the petitioner, named above, shall be released on bail in connection with Basistha P.S. Case No. 593/2023, registered under Section 120(B)/419/420/385/468/471 IPC r/w Section 66 D of the I.T. Act, 2000, on furnishing bail bond of Rs.30,000/- with two suitable sureties of the like amount out of which one of the sureties should be a Government employee to the satisfaction of learned CJM, Kamrup(M), Guwahati, Assam.

¶12The direction for bail is further subject to the conditions that the petitioner:

(a) shall not leave the territorial jurisdiction of learned CJM, Kamrup(M), Guwahati, Assam without prior written permission from him/her;

(b) shall not hamper with the investigation, or tamper with the evidence of the case;

(c) 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 the Court or to any police officer; and

(d) shall appear before the Investigating Police Officer once in a week for six weeks after his release on bail as and when called upon by the Investigating Police Officer till the investigation of the case is completed.

¶13That being so, if the petitioner violates any of the above condition(s) in future, the learned Public Prosecutor shall apprise this Court to cancel the bail order. Page No.# 5/5

¶14The bail application stands disposed of accordingly.

¶15Return the case diary.

JUDGE Comparing Assistant

Page No.# 1/5 GAHC010228932023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3635/2023 NIRMAL KUMAR MISHRA S/O SHRI HEM NARAYAN MISHRA, R/O P.O. AND P.S.-SARASWATI BIHAR, NEAR SHIVA MARKET, NORTH WEST DELHI VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M BISWAS Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI