THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM

ORDER Heard Mr. A. Kakoti, learned counsel for the petitioner Nur Ashraful Ahmed, who has filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as he is apprehending Page No.# 2/3 arrest in connection with Abhayapuri Police Station Case No. 216/2024 under Section 316(2)/318(2) of Bharatiya Nyaya Sanhita, 2023 read with Section 21(1)/21(2)/21(3) of Banning of Unregulated Deposit Schemes Act, 2019.

#2. The petitioner has also filed an additional affidavit along with the bail order dated 13.12.2024 in connection with Bail Application No. 3681/2024 wherein the petitioner was granted bail in connection with Kokrajhar Police Station Case No. 194/2024. It is also submitted on behalf of the petitioner that the co-accused has been granted bail by the Hon’ble Supreme Court and vide order dated

23.10.2024, co-accused Amal Ch. Arjya was granted pre-arrest bail by the Hon’ble Supreme Court in connection with Special Leave (Crl.) No. 14464/2024, which is also marked as Annexure-3 of the additional affidavit.

#3. Heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the respondent State.

#4. The allegation against the petitioner is that he is involved in circulating the illegal app namely Hedgex which has been closed as the app was declared to be illegal. The allegation against the petitioner is that through the illegal app, the petitioner and the co-accused procured the money by cheating the general public for their benefit.

#5. I have considered the submissions at the bar with circumspection. It appears from the submissions at the bar that the petitioner was behind bars for three months in connection with same app namely Hedegex at different places. Petitioner’s statement is available in the Case Diary. He has appeared before the Investigating Officer and has cooperated with the investigation, which has substantially progressed. It is also apparent that the petitioner was behind bars Page No.# 3/3 in connection with a similar case relating to the same app and further custodial interrogation is not required.

#6. It appears that anticipatory bail may be granted to the petitioner.

#7. In the event of his arrest, the petitioner shall be enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty 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 appear before the Investigating Officer on every fortnight till completion of investigation and (iii) the petitioner shall refrain from such activities with which he is alleged.

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

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

#10. Send back the Case Diary. JUDGE Comparing Assistant