AB/66/2025 BHARATI HAZARIKA v. THE STATE OF ASSAM

Advocate for the Petitioner : MS. S G BARUAH, MR. B BORGOHAIN,MR B SAIKIA,MR. S NEOG Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA Date : 04.02.2025 ORDER

Heard Ms. S. G. Baruah, the learned counsel for the petitioner. Also heard Mr. P. S. Lahkar, the learned Additional Public Prosecutor for the State respondent. Page No.# 2/4

This application under Section 482 of BNSS, 2023, has been filed by the petitioner, namely, Bharati Hazarika, who is apprehending his arrest in connection with Dhakuakhana P.S. Case No. 111/2024, under Sections 420/468/403/406/120B of the Indian Penal Code.

The gist of the accusation in this case is that on 17.12.2024, one Rakesh Kumar, the Regional Manager of State Bank of India, Itanagar region, had lodged an FIR before the Officer-In-Charge of Dhakuakhana Police Station, inter-alia, alleging that there has been fraudulent payment to the recovery agents to the tune of Rs. 17,06,960.60/-.

The learned counsel for the petitioner has submitted that the matter involved in this case is of civil nature and in this respect an FIR was lodged on earlier occasion by the Branch Manager of SBI, Dhakuakhana Branch, wherein also it was alleged that during RFIA Audit dated 27.06.2022 at SBI Dhakuakhana Branch, it was noticed that an amount of Rs. 17,06,960.60/- was paid to the recovery agent, namely, M/s RBM Associates, in violation of the bank's guideline and exceeding the financial powers of the bank.

The learned counsel for the petitioner has submitted that in this respect, Dhakuakhana P.S. GD Entry No. 4/2023, dated 01.06.2023 was made and an enquiry was initiated and after completion of the enquiry by the Officer- In-Charge of Dhakuakhana Police Station, the matter was closed as the matter was found to be of civil nature

The learned counsel for the petitioner has also submitted that in the meanwhile, the M/s RBM Associates against whom allegations were made in both the FIRs have returned back the amount of Rs. 17,06,960.20/- and to that extent, the Assistant General Manager, State Bank of India, Regional Business Office, Itanagar, has also acknowledged the receipt thereof. Page No.# 3/4

On the other hand, the learned Additional Public Prosecutor has submitted that though, the case diary was called for in connection with this case, however, the same could not be updated due to the demise of the mother of the complainant.

I have considered the submissions made by the learned counsel for both the sides and have perused the materials available on record.

It appears that the petitioner is a recovery agent of M/s RBM Associates and on the same subject matter, before filing of the FIR by the Regional Manager on 17.12.2024, another FIR was lodged and during enquiry it was found to be a matter of civil nature and it also appears that the money which is stated to be paid to M/s RBM Associates in violation of the bank rules, has already been repaid back to the bank.

In view of above facts, this Court is of considered opinion that custodial interrogation of the present petitioner may not be necessary for fair completion of the investigation if the petitioner co-operates in the investigation with the Investigating Officer.

Hence, in view of the above, the petitioner, namely, Bharati Hazarika is hereby directed to appear before the Investigating Officer of Dhakuakhana P.S. Case No. 111/2024 within a period of 10 days from the date of this order, and co-operate with the Investigating Officer in fair completion of investigation. If she does so within the stipulated period of time, in the event of her arrest in connection with Dhakuakhana P.S. Case No. 111/2024, she shall be allowed to go on bail of Rs. 30,000/- (Rupees Thirty thousand only), with one surety of like amount to the satisfaction of the arresting authority subject to the following conditions: i. That the petitioner shall co-operate in the investigation. Page No.# 4/4 ii. That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts of the case before the Investigating Officer. iii. That the petitioner shall appear before the Investigating Officer for the sake of fair completion of investigation as and when so required by the Investigating Officer.

With the above observation, this anticipatory bail application is disposed of.

Send back the case diary. JUDGE Comparing Assistant