Dismissed¶¶26

Chinmayee Devi v. the Union of India

Gauhati HC2 Jan 2025AB/2249/2024

Case brief

AI extract

What is this about?

Gauhati High Court; anticipatory bail; pre-arrest bail; Section 438 Cr.P.C.; CBI ACB Guwahati Police Station FIR No. RC0172024A0001; bank fraud; siphoning money in the name of self help groups; Assam Gramin Bikash Bank; Chinmayee Devi; Prasanta Borah; Sections 120B, 409, 420, 468, 471 & 477A IPC; Section 13(2) read with Section 13(1)(a) PC Act, 1988; notice under Section 41A Cr.P.C.; Section 35 BNSS, 2023; Manash Ranjan Pathak, J.; application rejected.

What did the court decide?

Considering that the petitioner's statement has already been recorded by the Investigating Officer and that no notice under Section 41A Cr.P.C./Section 35 BNSS, 2023 has been issued to her, the Court is of the view that there is no ground for any apprehension on her part for pre-arrest bail in CBI ACB Guwahati Police Station FIR No. RC0172024A0001. ¶¶23

Chinmayee Devi Vs the Union of India — Anticipatory Bail | Gauhati HC (2025)

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GAHC010172182024

2025:GAU-AS:43

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB/2249/2024

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CHINMAYEE DEVI

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W/O SHRI PRASANTA BORAH, R/O VILL C/O JADAV CHANDRA BORAH, MUKTIYODDHA PATH, VILLA RAJATIA, MALOW ALI, LANDMARK, RAJATIA NAAMGHAR, P.O.-JORHAT, P.S.-JORHAT, DIST- JORHAT, ASSAM, PIN-785001

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VERSUS

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THE UNION OF INDIA REP BY THE PUBLIC PROSECUTOR, CBI

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Advocate for the Petitioner : MR. A SARMAH, MS. N KALITA,MS S.POUDEL

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Advocate for the Respondent : SPL. PP, C.B.I.,

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BEFORE

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HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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03/01/2025

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Heard Mr. A Sarmah, learned counsel for the petitioner and Mr. M Haloi, learned Special Public Prosecutor, CBI for the respondent.

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2. The petitioner, namely, Chinmayee Devi, wife of Shri Prasanta Borah, resident of Village C/o. Jadav Chandra Borah, Muktijyoddha Path, Villa Rajatia, Malow, Ali landmark, Rajatia Naamghar,

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P.S. Jorhat, District-Jorhat, has filed this application under Section 438 Cr.P.C., seeking pre-arrest bail apprehending her arrest in CBI ACB Guwahati Police Station FIR No. RC0172024A0001 registered under Sections 120B, 409, 420, 468, 471 & 477A IPC and Section 13(2) read with Section 13(1)(a) of PC Act, 1988 (as amended in 2018).

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3. Petitioner submitted that she is the Manager of Assam Gramin Bikash Bank, Cheniamguri Branch, presently under suspension and has a daughter to look after, with her husband, Prasanta Borah. As her husband, Shri Prasanta Borah, serving in the Assam Gramin Bikash Bank is the FIR named accused in said CBI ACB Guwahati Police Station FIR No. RC0172024A0001, apprehending her arrest, she has filed this pre-arrest bail application.

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4. Mr. Haloi, learned Special Public Prosecutor, CBI submitted that the husband of the petitioner, Shri Prasanta Borah, an employee of the Assam Gramin Bikash Bank has siphoned huge amount of money in the name of various self help groups and he is one of the main accused in said CBI ACB Guwahati Police Station FIR No. RC0172024A0001.

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5. Mr. Haloi, learned Special Public Prosecutor, CBI also submitted that the present petitioner, wife of Shri Prasanta Borah, who is also an employee of the Assam Gramin Bikash Bank has already been interrogated and her statement has also been recorded in said CBI ACB Guwahati Police Station FIR No. RC0172024A0001. Mr. Haloi also stated that as on date, no notice under Section 41A Cr.P.C./Section 35 BNSSS, 2023 has been issued to her and as such, there is no such reason for apprehension on the part of the petitioner seeking pre-arrest bail in said CBI ACB Guwahati Police Station FIR No. RC0172024A0001.

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6. At this stage, Mr. Sarma, learned counsel for the petitioner submitted that since she is an employee of the Assam Gramin Bikash Bank of different branch and as she has a daughter living with her, whom she is required to look after, apprehending her arrest, the petitioner has preferred this prearrest bail application in said CBI ACB Guwahati Police Station FIR No. RC0172024A0001.

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7. Considering the submissions of Mr. Sarmah, learned counsel for the petitioner as well as Mr. Haloi, learned Special Public Prosecutor, CBI and also considering the fact that her statement has already been recorded by the Investigating Officer of the case and that no notice under Section 41A Cr.P.C./35 BNSS, 2023 has been issued to her; the Court is of the view that there is no ground for any such apprehension on the part of the petitioner for her pre-arrest bail in said CBI ACB Guwahati Police Station FIR No. RC0172024A0001.

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8. Accordingly, this pre-arrest bail application of the petitioner, namely, Chinmayee Devi in said

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CBI ACB Guwahati Police Station FIR No. RC0172024A0001, being without any basis, stands rejected.

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JUDGE

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Comparing Assistant

Chinmayee Devi v. the Union of India

Case brief

What is this about?

What did the court decide?

Chinmayee Devi v. the Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

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