ORDER

Date : 12.02.2025 Heard Mr. B.K. Mahajan, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor.

2. This application under Section 482 of the BNSS, 2023 has been filed by the petitioner namely, Dharmendra Rabha, who is apprehending his arrest in connection with Chhaygaon Police Station Case No.307/2024, under Sections 318/316 of BNS, 2023 read with Section 21/23 of the Banning of Unregulated Deposit Schemes Act, 2019.

3. The gist of accusation in this case is that, on 08.09.2024, 4 (four) numbers of informant namely, Bipul Rabha, Pratia Boro, Bimal Ch. Das and Jitul Malakar had lodged an FIR before the Officer-in- Charge of Chhaygaon Police Station, inter alia, alleging that under the leadership of the present petitioner, who is working as Office Superintendent of Senior Division Engineer Office, hundreds of employees of railway have invested in the trading in Titan Capital Market after subjected to different allurements by the petitioner. It is alleged in the FIR that neither the employees and the investors have received any profit nor they got back the principal amount.

4. Learned counsel for the petitioner has submitted that the petitioner himself is a victim as he himself deposited money to the tune of Rs.44 lakhs (approx) in Tata Capital Market under the said scheme. He also submits that the petitioner has deposited the money on many occasions through the employees of Tata Capital Market. He submits that the scheme in which the petitioner as well as other investors has invested the money, is not an unregulated scheme, as all the cases pertaining to the offence in respect of unregulated schemes are transferred to the Central Bureau of Investigation. He also submits that even if for argument sake, if it is assumed that any offence is committed, it would be under Section 22 of the Banning of Unregulated Deposit Scheme Act, 2019 for violation of Section 4 of the said Act. He also submits that in view of the provision of Section 28 of the said Act, any offence under Section 22 would be a bailable offence.

5. Learned counsel for the petitioner submits that the petitioner is a government employee presently working as a Superintendent in the Engineering Department of Northeast Frontier Railway, General Manager Office, Maligaon.

6. Learned counsel for the petitioner submits that the petitioner is ready to cooperate with the investigation and his arrest at this stage would jeopardize the service career.

7. On the other hand, learned Additional Public Prosecutor has submitted that considering the nature of allegation levelled in the FIR, perusal of the case diary would be necessary for consideration of the instant bail application. He also submits that the present petitioner specifically named in the FIR.

Let call for the case diary, fixing on 21.02.2025.

8. However, in the meanwhile, considering the submissions made by the learned counsel for the petitioner as discussed hereinabove, the petitioner is directed to appear before the Investigating Officer of Chhaygaon Police Station Case No.307/2024 within a period of 7 (seven) days from the date of this order. If he do so within the stipulated period of time, in the event of his arrest in connection with the aforesaid case, he shall be allowed to go on interim anticipatory bail of Rs.30,000/- (Rupees thirty thousand only) with one surety of the like amount to the satisfaction to the satisfaction of the Arresting Authority with the following conditions:-

(i) the petitioner shall appear before the I/O within 7 (seven) days from the date of this order and cooperate in the investigation;

(ii) the petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to any other persons who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court.

9. List this matter on 21.02.2025 for production of the case diary JUDGE Com