PULIN SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. G. Phukan, learned counsel for the petitioner. Also heard Mr. W. R. Medhi, learned counsel appearing for the Investigating Officer of Dhakuakhana P.S. Case No. 19/2024 and Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam representing the State of Assam and Mr. N. J. Dutta, learned Amicus Curiae.

(2.) By this application under Sec. 438 of Code of Criminal Procedure, 1973, the petitioner, namely, Pulin Saikia has approached this Court seeking the benefit of pre-arrest bail, apprehending his arrest, in connection with Dhakuakhana Police Station Case No. 19/2024 (corresponding to G.R. Case No. 23/2024) registered under Ss. 420/406 of IPC.

(3.) In the First Information Report, lodged on 24/2/2024, the petitioner is named as an accused along with one Smti. Pinki Tamuli. In the said FIR, it has, inter alia, been alleged that the accused persons, named in the FIR, along with assistance of 2 (two) other persons opened accounts and received different sums in the name of an organization, Axom Gaonlia Nidhi Limited with the projection that the organization was purportedly a Government approved organization. With the allegation that the money, so received, was not returned with due time, the FIR has been lodged.