MRINAL KUMAR SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.K. Ahmed, learned counsel for the petitioner. Also heard Mr. M. Phukan, learned Public Prosecutor, Assam and Mr. M. More, learned counsel representing the informant.

(2.) By this petition under Sec. 439 Cr.P.C., the accused-petitioner, namely, Mrinal Kumar Saikia, has prayed for grant of bail in connection with CID P.S. Case No.16/2023 under Ss. 120(B)/255/256/257/259/260/406 / 417/419/420/463/465/466/468/471/472/474/506 of IPC read with Sec. 7(1)(2) of State Emblem of India (Prohibition of improper use) Act, 2005.

(3.) The brief fact of the case is that on 10/10/2023 an FIR has been lodged before the superintendant of police, CID, Assam at Guwahati, by the M/s Sabharwal Trading India Pvt Ltd, a duly registered company, through its authorized representative Mr. Kamal Sabharwal, stating inter alia that he is a businessman dealing with trading of various goods like zipper fastener, slider fastener, polyester fabric and luggage related materials and accessories. Mr. Rajinder Sharma and Mohit Kalra are the business partners of the complainant. The allegation against the present petitioner is that the petitioner along with other accused persons induced the complainant and his associates that the work assigned to them was a government contract. They also actively participated with each other into entrapping them in an elaborate scheme of fraud cum forgery. As a result the complainant and his associates supplied huge consignment of goods. The petitioner and the other accused induced the complainant and his associates that the government of Assam was looking for supplier in bulk goods which includes school bags, blankets etc for a project overseen by the CM for the Welfare of the people in various districts of Assam. In the process the petitioner and the other accused forged seals and documents of the Assam government to give authenticity to the deception resulting in defrauding of the complainant with huge amount of money. One of the accused projected himself as a Assam government functionary and was entrusted by the CM office to execute Social Welfare projects. Ultimately it came to the knowledge of the complainant and his associates that the entire transaction was an elaborate scheme of fraud. Hence, the FIR was lodged to nab the culprits.