NABAKANTA BAISHYA v. THE STATE OF ASSAM

HON’BLE MR. JUSTICE MANASH RANJAN PATHAK BEFORE Page No.# 2/5 O R D E R 06/01/2025 Heard Ms. S Kanungoe, learned counsel for the petitioner and Mr. K K Parashar, learned Additional Public Prosecutor, Assam for the State.

2. Apprehending his arrest, the petitioner, namely, Sri Naba Kanta Baishya, son of Late Parashuram Baishya, resident of Bye Lane No.1, Ushanagar, Tezpur, Police Station-Tezpur, District- Sonitpur has filed this application under Section 482 BNSS, 2023 praying for his pre-arrest bail in Tezpur Police Station Case No. 723/2024, under Sections 406/420 IPC, corresponding to GR No. 1811/2024.

3. The complainants on 07.12.2024 lodged a written FIR before the Superintendent of Police, Sonitpur District, Tezpur stating that they are residents of Tezpur area and are the investors/depositors of Prayag Infotech Hi-Rise Limited. Sri Naba Kanta Baishya, an authority of said Finance Company was entrusted with the amount payable to the investors/depositors. Pursuant to the order of the Court direction was given to release the fund to the depositors under the custody of said Naba Kanta Baishya. Though, such order was issued way back in the year 2019, but till date, the amount has not been distributed to the depositors. Whenever he is asked about the same, said Naba Kanta Baishya replied that he did not receive any such money. They are having a doubt that said Naba Kanta Baishya received the amount. They came to know from others that said Naba Kanta Baishya has misappropriated their money. As such, they prayed before the authority to take necessary action under the law upon said Naba Kanta Baishya and to recover their money from him which they had deposited and to return their said money.

4. Said written complaint submitted before the Superintendent of Police, Sonitpur District, Tezpur was forwarded to the Inspector of Police, Officer-in-Charge of Tezpur Police Station which was accordingly registered as Tezpur Police Station Case No. 723/2024, noted above.

5. Ms. Kanungoe, learned counsel stated that the petitioner was serving as the Senior Developer of said Prayag Infotech Hi-Rise Limited at Tezpur Branch and he is no way connected with the case. In this regard, Ms. Kanungoe, learned counsel submitted that with regard to all such Chit Fund Companies in Assam including said Prayag Infotech Hi-Rise Limited, the State Page No.# 3/5 Government handed over the investigation of the cases to the CBI and presently CBI/ACB/Guwahati Case No. RC0172015A0011 under Sections 120B/420 IPC read with Sections 4, 5 and 6 of the Prize Chit & Money Circulation Scheme (Banning) Act, 1978 is pending before the Court of learned Additional Chief Judicial Magistrate, Kamrup (Metro) at Guwahati in CR Case No. 746C/2019 against all the officials of said Prayag Infotech Hi-Rise Limited, including the petitioner. Ms. Kanungoe, learned counsel also stated that in the said case the petitioner along with another of said Prayag Infotech Hi-Rise Limited were arrested on 19.12.2017 and later released on bail on 19.02.2018 by a co-ordinate Bench of this Court and that the CBI after completion of the investigation has already submitted the charge-sheet in the said case. Ms. Kanungoe, learned counsel further stated that said case is now fixed on 06.02.2025. Ms. Kanungoe, learned counsel has placed the certified copies of entire order sheets of CR Case No. 746C/2019 from 02.05.2017 to 28.11.2024 and also the certified copy of the Charge-sheet filed by the CBI in said CBI/ACB/Guwahati Case No. RC0172015A0011.

6. As such, Ms. Kanungoe, learned counsel submitted on behalf of the petitioner that he is entitled for pre-arrest bail in said Tezpur P. S. Case No. 723/2024 and that he shall comply with any such terms and conditions that may be imposed upon him by the Court on releasing him on pre-arrest bail in said Tezpur P. S. Case.

7. On the other hand, Mr. Parashar, learned Additional Public Prosecutor from the case diary submitted that many people residing at Tezpur and in and around Tezpur including villagers invested huge amount of their money with Prayag Infotech Hi-Rise Limited, but the said Company fled away from Tezpur and the investors did not receive their money as yet. From the Case Diary, Mr. Parashar, learned Additional Public Prosecutor also stated that the petitioner was the main authority who looked after the Tezpur Branch of said Prayag Infotech Hi-Rise Limited Company and it is presumed that he had misappropriated huge amount of money of the investors. Further, it is stated that whenever the investors used to ask him for their money, the petitioner use to illtreat them by using foul language. Mr. Parashar, learned Additional Public Prosecutor from the case diary submitted that the petitioner is required for investigation of said Tezpur P. S. Case.

8. From the certified copies of the CR Case No. 746C/2019 placed by Ms. Kanungoe, learned counsel for the petitioner and the certified copy of the charge-sheet of said CBI/ACB/Guwahati Case No. RC0172015A0011, it is seen that the petitioner was arrested in the said case on Page No.# 4/5

19.12.2017 and released on bail by a Co-Ordinate Bench of this Court on 19.02.2018. From the said charge-sheet, it is also seen that the petitioner was the Senior Developer of the Upper Assam Region of said Prayag Infotech Hi-Rise Limited who facilitated the Director of the said company in connection of money through its agents and used to report the Director of the company directly. The petitioner also played a major role in expansion of the company by opening new branches of Prayag in Upper Assam Region, instrumental in recruitment of agents and employees in branches of Prayag under his jurisdiction, used to conduct meetings in his region to motivate agents and investors and was the part of every meetings conducted by the Director of the said company in various parts of Assam. The said charge-sheet indicated that money in favour of said company was collected through its agents from the investors showing them rosy pictures of the company and the agents were paid in the form of commission, Rank wise, as per commission charts, based on different plans issued by the company from time to time. The commission for agents was calculated as per percentage of the collected amount applicable to Rank, as given in the commission chart.

9. From the said charge-sheet, it is also seen that out of 16 accused persons in said CBI/ACB/Guwahati Case No. RC0172015A0011, petitioner is one of the charge-sheeted accused under Section 120B read with Sections 409, 420 IPC and Sections 4, 5 and 6 of the Prize Chit & Money Circulation Scheme (Banning) Act, 1978.

10. Considering the above, it is provided that in the event of arrest of the petitioner, Sri Naba Kanta Baishya, son of Late Parashuram Baishya, in said Tezpur Police Station Case No. 723/2024 (corresponding to GR No. 1811/2024), he shall be released on bail, on furnishing bail bond of Rs.50,000/- with 2 (two) local sureties each of the like amount, to the satisfaction of the arresting authority, on conditions that the said petitioner (i) shall appear before the Investigating Officer of Tezpur P.S. Case No. 723/2024 on or before 10.01.2025 during the office hours and thereafter, as and when he is required, for necessary investigation of said Tezpur P.S. Case; (ii) shall not leave the territorial jurisdiction of the Tezpur police station, without obtaining prior written permission from the concerned Investigating Officer of the case; (iii) shall not hamper with the investigation, or tamper with the evidence of the case; (iv) 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 them from disclosing such facts to the Court or to any police officer; (v) shall not involve himself in any criminal activities in future and (vi) the petitioner shall surrender Page No.# 5/5 his passport, on or before 10.01.2025, if any, before the Investigating Officer of Tezpur P. S. Case No. 723/2024, obtaining necessary acknowledgment from the said authority in that regard, if not already surrendered before the CBI.

11. Violation of any of the aforesaid terms and conditions by the petitioner, Sri Naba Kanta Baishya, the pre-arrest bail granted to him in said Tezpur Police Station Case No. 723/2024 shall stand automatically vacated.

12. This pre-arrest bail application of the petitioner is allowed to the extent above.

13. Return the case diary herewith. JUDGE Comparing Assistant