ORDER

15.11.2022.

Date :

Heard Mr. A. Mobaraque, learned counsel for the petitioner. Also heard Mr. K.K. Das, learned Additional Public Prosecutor for the State of Assam.

This is an application u/s 438 Cr.P.C., filed by the petitioner namely, Mofizul Islam, praying for pre-arrest bail with respect to the Nalbari P.S. case No. 182/2020(corresponding to G.R. No. 524/2020) registered u/s

120(B)/406/408/420/468/471 of IPC.

The petitioner is apprehending arrest in connection with this case. The petitioner applied a policy for his wife at ICICI, Prudential Life Insurance. The policy was processed and issued by the Advisor on 16.02.2018. The Advisor is under surveillance at present. It has been alleged that the petitioner raised a death claim on his wife’s death on 19.01.2019 before the said insurance company stating that his wife, Ayesha Khatun died on 10.05.2018. After investigation, it was found that Ayesha Khatun was not alive on 10.05.2017 and the policy was applied fraudulently and the Area Manager has lodged an FIR on being aggrieved. The learned counsel for the petitioner has annexed several documents. He has drawn our attention to annexure No. 2, which depicts that Ayesha Khatun died on 10.05.2018. Annexure 3 is the medical certificate of cause of death and depicts that the Ayesha Khatun died on 10.05.2018. The death certificate is marked as annexure 4 where the date of death is 10.05.2018. The learned counsel for the petitioner has submitted that the petitioner will co-operate with investigation.

Mr. K.K. Das, learned Additional Public Prosecutor for the State has drawn our attention that annexure 6 is not to be found in the case diary. He has further submitted that the petitioner ought to produce the annexure 6 along with other documents as annexed in the petition before the concerned investigating officer.

The case diary reveals cogent materials against the petitioner.

I have given my anxious consideration to the submissions at the Bar. I have carefully perused the documents along with the annexures. The documents reveal that the petitioner’s wife passed away on 10.05.2018 as marked as annexure 6. The annexure 6 depicts that the date of death of Ayesha Khatun has been manipulated by the officials of ICICI prudential life Insurance Company. The annexure 6 was issued by the Secretary of Barbila Part-II, Kabarsthan.

I have considered the gravity of the offence as well as its magnitude. I have also considered the quantum of punishment prescribed for the alleged offences. Considering all aspects, it is hereby directed that in the event of arrest in connection with Nalbari P.S. case No. 182/2020(corresponding to G.R. No. 524/2020), the petitioner, named above, shall be released on interim bail for two months from today. He shall be released bail for two months on furnishing a bail bond of Rs. 25,000/- with a surety of the like amount to the satisfaction of the arresting authority.

The directions for bail is further subject to the conditions that the accused-

petitioner:

(i) shall not tamper with the evidence of the case; (ii) shall co-operate with the investigation as and when called for; (iii) shall produce the annexure No.6 along with other documents as annexed in the petition before the concerned investigation officer.

In terms of the above, this bail application stands disposed of.

Return the case diary.

JUDGE

Comparing Assistant