2025 Supreme(Online)(GAU) 698
GAHC010035232025 2025:GAU-AS:2569 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/402/2025 AJIT DAS SON OF SRI LAL MOHAN DAS AMSOI UNDER RAHA POLICE STATION IN THE DISTRICT OF NAGAON ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY PUBLIC PROSECUTOR ASSAM Advocate for the Petitioner : UJJAL CHOUDHURY, MR. B M CHOUDHURY,MR. U CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
11.03.2025 Heard Mr. B M Choudhury, learned counsel for the petitioner and Mr. B Sharma, learned Additional Public Prosecutor, Assam for the State.
2. The petitioner, namely, Sri Ajit Das, son of Sri Lal Mohan Das, resident of Amsoi, Police Station-Raha, District-Nagaon, apprehending his arrest has filed this application under Section 482 BNSS, 2023 praying for anticipatory bail in Jagiroad Police Station Case No.
159/2024 registered under Sections 316(2)/318(4)/3(5) BNS 2023 corresponding to GR No.1019/2024.
3. As per the FIR dated 14.08.2024 lodged by the complainant before the Officer-in- Charge of Jagiroad Police Station allegation against the petitioner is that he along with two others named in the said FIR, alluring and misrepresenting him and others have grabbed their personal documents having their signatures on them and through those documents the accused persons including the petitioner purchased many light commercial as well as private vehicles in the name of the complainant and others, obtaining loan from Financial Institutions, assuring to pay the monthly instalments, stating that they will utilise those vehicles in the stone queries situated at Umlapher area of Karbi Anglong District on rent basis and that they will pay the monthly instalments of those vehicles. Initially, though the accused persons paid the monthly instalments for those vehicles for 3 to 4 months but afterwards they stopped paying it till filing of the said complaint. After making enquiries by them, they came to know that the accused persons have sold those vehicles to different persons of Karbi Anglong District as well as in the State of Meghalaya. Now, the personnel from the Finance Companies are troubling and disturbing the complainant and others asking them for the payments of monthly instalments of those vehicles and thereby harassing them mentally. It is also stated that many of the sufferers have repaid the money to the Finance Companies by selling off their landed properties. In the said FIR, the complainant alleged that the FIR named accused persons have purchased two Bolero Pickup Vehicles and a Motor Cycle on his name. By the said FIR the complainant requested the authority concerned of Jagiroad Police Station to make necessary enquiry into the matter and to take appropriate action against the accused persons of the case as per law.
4. Accordingly, the said FIR of the complainant dated 14.08.2024 was registered as Jagiroad P.S. Case No. 159/2024 under Sections 316(2)/318(4)/ 3(5) BNS 2023.
5. Petitioner stated that he is no way connected with the alleged offence involved in the case and is a victim of circumstance since he was introduced to FIR named accused Sri Anup Patar by one Sri Jyoti Prasad Saikia who is known to him since long time back. It is stated that the main accused of the case Anup Patar who was arrested on 24.08.2024 has already been released on bail on 28.10.2024. He is a small businessman by profession and having his family consisting of his old ailing parents, wife and three children. Considering all these, his pre-arrest bail should be considered in said Jagiroad P.S. Case No. 159/2024, 6. Petitioner stated that he is ready to cooperate with investigation of the case and shall abide by any terms and conditions that may be imposed upon him by the Court while considering his bail application.
7. Perused the case diary relating to said Jagiroad P.S. Case No. 159/2024 produced before the Court by Mr. B Sharma, learned Additional Public Prosecutor, Assam,that was called for by Order dated 27.02.2025.
8. From the case diary it is seen that the petitioner along with the arrested accused Anup Pator and another are involved in an organised crime of cheating several innocent persons using their personal documents without their knowledge, purchasing numbers of vehicles and two wheelers with finance from financial institutions in the name of the victims and the arrested accused Anup Pator through the petitioner and the other FI