Gauhati High Court
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GAHC010232032024
2024:GAU-AS:11408
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./3367/2024
AMZADUL HUSSAIN MAZUMDER
S/O- LATE FURKAN ALI MAZUMDER,
R/O- HAILAKANDI TOWN, WARD NO-2, P.O ,P.S AND DIST- HAILAKANDI,
PIN-788151
VERSUS
CENTRAL BUREAU OF INVESTIGATION CBI
REP BY SPL. PP, CBI
Advocate for the Petitioner : ABHISEK BHATTACHARJEE, MR. S DEY,MS ANKITA
SAHARIA,MR S PAUL,MS. K MALAKAR,MR. A BHATTACHARYA
Advocate for the Respondent : SPL. PP, C.B.I.,
BEFORE
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
JUDGMENT
Date : 21-11-2024
Heard learned counsel Mr. A. Bhattacharjee for the petitioner Amzadul
Hussain Mazumder, who has filed this application under Section 483 of Bharatiya
Nagaik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since
21.09.2024 in connection with Silchar Police Station Case No. 789/2024 under
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Sections 406/420 of Indian Penal Code, 1860 read with Sections 21/22/23 of the
Banning of Unregulated Deposit Schemes Act, 2019.
2. Heard Mr. M. Haloi, learned Special Public Prosecutor, CBI.
3. It is submitted that the petitioner was already behind bars and has been
shown arrested in connection with this case on 21.09.2024. The petitioner is
suffering immensely as he has been falsely incarcerated with a series of
allegations.
4. Learned Special Public Prosecutor has raised serious objection stating that
the petitioner is accused in three cases and he is a history sheeter. He has been
arrested in two out of three cases. Case Diary reveals that he hatched up in
criminal conspiracy with the other co-accused and defrauded the public who
deposited money to obtain loans with the help of the petitioner. He conspired
with the Executive Director of the Company Hemanta Kumar Gogoi and
appointed several other persons and was involved in advertising the Company to
collect public deposits. The statements of several witnesses under Section 180
of BNSS have been recorded which clearly incriminates the petitioner. Several
documents including money receipts have been signed by the petitioner. He also
received money from Pragjyotish Fintech in his bank account and so on and so
forth.
5. On the contrary, learned counsel for the petitioner has submitted that the
petitioner is not at all involved in this case. He has submitted that the other
employees of Singhania Fintech Agribusiness Consortium Ltd. were arrested and
he has been roped in along with the other employees. It is submitted that the
petitioner will cooperate with the investigation and he will not jump the bail. It
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is further submitted that the petitioner is suffering from health issues.
6. I have considered the submissions at the bar with circumspection.
7. The FIR unfolds that on 09.04.2024, Simi Saha called the informant from
the office of Singhania Fintech Agribusiness Consortium Ltd., and approached
them for payment of Rs.2000/- (Rupees Two Thousand) to obtain a loan of
Rs.25,000/- (Rupees Twenty Five Thousand). The informant and several other
customers had paid Rs.2000/- (Rupees Two Thousand) to the aforementioned
Company but no loan was disbursed in their favour. In this manner, the
petitioner and other employees of the Company, including the Head of the
Company have amassed crores of rupees in this process.
8. I have scrutinized the medical documents submitted on behalf of the
petitioner. The gravity of health condition of the petitioner could not be
deciphered from the documents. I have also scrutinized the Case Diary and at
this juncture, I am not inclined to grant bail to the petitioner. The Jail Authority
is directed to provide requisite treatment to the petitioner and if need arises, to
shift the petitioner for special treatment in the Medical College or in the Civil
Hospital under the guidance of a Specialist.
9. Petition with prayer for bail is rejected at this stage.
10. In terms of the above observation, this Bail Application stands disposed of.
11. Send back the Case Diary.
JUDGE
Comparing Assistant
