ORDER

26.10.2022 Heard Mr. H.R.A. Choudhury, learned Senior Counsel, assisted by Mr. M.I. Hussain learned counsel for the applicant and also heard Ms. B. Bhuyan, learned Addl. P.P. for the State of Assam.

Apprehending arrest in connection with BI(EO) P.S. Case No. 14/2022, under section 120(B)/420/406/468/471 IPC, this application, under Section 438 of Cr.P.C., is preferred by applicant namely- Md. Sayed Ali for grant of pre-arrest bail.

The said case has been registered on the basis of one FIR lodged by one Manowara Khatun on 28.07.2022, to the effect that one Sayed Ali and Rahul Hoque and others have hatched criminal conspiracy and thereafter misappropriated huge amount of public money from LICI, IDBI, Federal Life Insurance, SBI General Insurance, PNB met Life India, Future Generale India Life Insurance Company Ltd. etc. by submitting forged documents/Certificate and thereby committed cheating as well as criminal breach of trust.

Mr. H.R.A. Choudhury, the learned Senior Counsel for the applicant submits that this is the second application under section 438 Cr.P.C., preferred by the applicant on the fresh ground that after rejection of the first application by this court vide order dated 25.08.2022, in AB/2266/2022, the first informant Smti. Anowara Khatun has filed one affidavit to the effect that she has filed the FIR on the instigation made by one Rokibul Islam and Azgar Ali and took her signatures in 2/3 blank papers, under threat and that Md. Sayed Ali and Rahul Hoque have committed no offence and that she has no objection in the event of allowing them to go on bail. Mr. Chaudhury further submits that one Sobjan Nessa, nominee and wife of Late Kobad Ali and one Mozida Khatun, nominee and wife of Late Abdul Halim and one Nasiruddin, nominee of Late Chanmiah also filed affidavits stating that Md. Sayed Ali and Rahul Hoque have never took their signatures nor forged their signatures to fraudulently withdraw money from LICI. Mr. Choudhury further submits that upon the same subject matter another FIR, which is being annexed with application as Annexure-6, has been filed with the Officer-in-Charge of Goalpara Police Station by one Samsul Alam on 14.02.2022 and upon the said FIR, Goalpara P.S. Case No. 45/2022, under section 420/468/387 IPC has been registered, and that the present FIR has been filed with ulterior motive and in view of the law laid down by the Hon’ble Supreme Court in Amish Devgan vs. Union of India and Others, reported in (2021) 1 SCC 1, subsequent FIR has to be treated as statement under section 162 Cr.P.C., and as such present FIR is not maintainable and that the applicant is innocent and he is ready to co-operate with the investigating agency, and therefore, it is contended to allow this petition.

On the other hand, Ms. B. Bhuyan, the learned Addl. P.P., has vehemently opposed the petition. Producing the case diary before this court, Ms. Bhuyan submits that the Investigating Officer has collected sufficient materials against the applicant and in criminal case it does not matter as to who lodged the FIR and if there is substance in the allegations then police can investigate the same after registering a case. Ms. Bhuyan further submits that the allegations are serious in nature and therefore, it is contended to dismiss the petition.

Having heard the submissions of the learned counsels of both sides, I have carefully perused the petition and the documents placed on record and also perused the case diary with the assistance of Ms. Bhuyan, learned Addl. P.P.

and the same reveals the followings:-

(i) The applicant is the FIR named accused;

(ii) The applicant is the Gaonburah of Khutamari revenue village, taking advantage of the same he purchase LICI policies from Rahul Hoque, who is an Agent of LICI in the name of many dead persons of different areas and after paying one to five/six installments he issued a Death Certificate and also issue Cremation Certificate as the Secretary of Kumripara Anchalik Kabarsthan Commit