SRI DULAL DEY v. THE STATE OF ASSAM

SRI DULAL DEY SON OF LATE NAKUL CH. DEY, R/O FLAT NO 2A MATRI APPARTMENT, BORTHAKUR MILL RODE, ULUBARI, GUWAHATI 781007, P.S PALTANBAZAR, DISTRICT KAMRUP (M), ASSAM, VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR. D BARUAH, MR D SARMA,MR D K BHATTACHARYYA,MR. P K GARODIA,MS. P HANDIQUE,MR. P K BORDOLOI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND Date : 24-03-2025 ORDER Heard Mr. D.K. Bhattacharyya, learned counsel for the petitioner Sri Dulal Dey, who has filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as he is apprehending arrest in connection with Nalbari Police Station Case No. 18/2025 under Section 316(2)/316(5)/318(4)/3(5) of Bharatiya Nyaya Sanhita, 2023. Page No.# 2/4

Heard Ms. S.H. Bora, learned Additional Public Prosecutor, Assam.

The allegation against the petitioner is that he is involved in a scam relating to several suicidal deaths and unfortunate incidents arising out of procurement of LIC Housing Finance loans in the Nalbari area. It is alleged that several loans were procured by producing fake documents with the help of fake guarantors as well as fake borrowers. After disbursement of these loans, the borrowers were pressurized to repay the loans which some of the borrowers were not even aware of.

Learned Additional Public Prosecutor has submitted that there are incriminating materials in the Case Diary against the present petitioner.

In reply, learned counsel for the petitioner has submitted that the petitioner was a guarantor and any loan guaranteed to a borrower is a contract between the lender and the borrower and the guarantor has no part to play. It is not plausible that the petitioner being a guarantor could not have manipulated any documents. It is submitted that the petitioner is a 60 (Sixty) year old and he has suffered two heart strokes by now. The petitioner has annexed the medical documents as Annexure-4 of the petition.

I have also scrutinized the Case Diary.

It is submitted on behalf of the petitioner that the prime accused has already been enlarged on bail.

A scrutiny of the Case Diary reveals that investigation has progressed substantially. There are indeed incriminating materials in the Case Diary against the petitioner. I have taken into consideration the age and ailment of the petitioner. The petitioner has pledged to cooperate with the investigation. Page No.# 3/4

Considering all aspects, it appears that the petitioner can be granted pre- arrest bail.

In the event of his arrest, the petitioner shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that :- (i) the petitioner shall appear before the Investigating Officer within one week and cooperate with the investigation, (ii) the petitioner shall refrain from such activities with which they are alleged, (iii) the petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation and, (iv) the petitioner shall not leave the jurisdiction of the Court without prior permission.

On breach of any of the bail conditions, bail order shall automatically stand cancelled.

In terms of the above observation, this Anticipatory Bail application stands disposed of.

Send back the Case Diary. Page No.# 4/4 JUDGE Comparing Assistant