Ajit Das Vs the State of Assam

2. The petitioner, namely, Sri Ajit Das , son of Sri Lal Mohan Das, resident of Amsoi, Police Station-Raha, District-Nagaon, apprehending his arrest has filed this application under Section 482 BNSS, 2023 praying for anticipatory bail in Jagiroad Police Station Case No.

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159/2024 registered under Sections 316(2)/318(4)/3(5) BNS 2023 corresponding to GR No.1019/2024.

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3. As per the FIR dated 14.08.2024 lodged by the complainant before the Officer-inCharge of Jagiroad Police Station allegation against the petitioner is that he along with two others named in the said FIR, alluring and misrepresenting him and others have grabbed their personal documents having their signatures on them and through those documents the accused persons including the petitioner purchased many light commercial as well as private vehicles in the name of the complainant and others, obtaining loan from Financial Institutions, assuring to pay the monthly instalments, stating that they will utilise those vehicles in the stone queries situated at Umlapher area of Karbi Anglong District on rent basis and that they will pay the monthly instalments of those vehicles. Initially, though the accused persons paid the monthly instalments for those vehicles for 3 to 4 months but afterwards they stopped paying it till filing of the said complaint. After making enquiries by them, they came to know that the accused persons have sold those vehicles to different persons of Karbi Anglong District as well as in the State of Meghalaya. Now, the personnel from the Finance Companies are troubling and disturbing the complainant and others asking them for the payments of monthly instalments of those vehicles and thereby harassing them mentally. It is also stated that many of the sufferers have repaid the money to the Finance Companies by selling off their landed properties. In the said FIR, the complainant alleged that the FIR named accused persons have purchased two Bolero Pickup Vehicles and a Motor Cycle on his name. By the said FIR the complainant requested the authority concerned of Jagiroad Police Station to make necessary enquiry into the matter and to take appropriate action against the accused persons of the case as per law.

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4. Accordingly, the said FIR of the complainant dated 14.08.2024 was registered as Jagiroad P.S. Case No. 159/2024 under Sections 316(2)/318(4)/ 3(5) BNS 2023.

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5. Petitioner stated that he is no way connected with the alleged offence involved in the case and is a victim of circumstance since he was introduced to FIR named accused Sri Anup Patar by one Sri Jyoti Prasad Saikia who is known to him since long time back. It is stated that the main accused of the case Anup Patar who was arrested on 24.08.2024 has already

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been released on bail on 28.10.2024. He is a small businessman by profession and having his family consisting of his old ailing parents, wife and three children. Considering all these, his pre-arrest bail should be considered in said Jagiroad P.S. Case No. 159/2024,

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6. Petitioner stated that he is ready to cooperate with investigation of the case and shall abide by any terms and conditions that may be imposed upon him by the Court while considering his bail application.

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7. Perused the case diary relating to said Jagiroad P.S. Case No. 159/2024 produced before the Court by Mr. B Sharma, learned Additional Public Prosecutor, Assam,that was called for by Order dated 27.02.2025.

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8. From the case diary it is seen that the petitioner along with the arrested accused Anup Pator and another are involved in an organised crime of cheating several innocent persons using their personal documents without their knowledge, purchasing numbers of vehicles and two wheelers with finance from financial institutions in the name of the victims and the arrested accused Anup Pator through the petitioner and the other FIR named accused Bijay Tamang @ Bijay Lama sold those vehicles to various persons in the district of Karbi Anglong and in the State of Meghalaya. In that process the accused persons of the case sold two vehicles and a two-wheeler purchased in the name of the complainant using his personal documents.

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9. The case diary also reveals that the police, during investigation, could collect a list of 30 numbers of four-wheelers and 15 numbers of two-wheelers purchased by the arrested accused Anup Pator and the petitioner as well as the other FIR named accused purchased in the name of the victims by their personal documents but could recover only one four-wheeler. Case Diary indicates that the petitioner sold those vehicles purchased in the name of the victims and it is he who knows the buyers of those vehicles. In the note of the investigating officer of the case it is clearly stated that the case is in the early stage of investigation and if now the petitioner is released on bail, it will hamper the investigation of the organised crime as a large number of 4 Wheelers and 2 Wheelers are yet to be found and recovered. The case diary also indicates that the petitioner is evading police. Mr. Sharma, learned Additional Public Prosecutor also vehemently objected for release of the petitioner on pre-arrest bail

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with regard to the case in hand.

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10. From the case diary it is seen that the independent witnesses have implicated the petitioner with regard to his involvement in the alleged organized crime committing fraud with many victims by purchasing several vehicles and motorcycles in their names and sold those vehicles and two wheelers to others at Karbi Anglong and in the State of Meghalaya.

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11. Finding sufficient incriminating materials in the case diary pertaining to the involvement of the petitioner in the alleged crime, the Court is of the opinion that it is not a fit case to grant anticipatory bail to the petitioner, named above, in said Jagiroad P.S. Case No. 159/2024.

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12. As such, this anticipatory bail application of the petitioner, namely, Sri Ajit Das , son of Sri Lal Mohan Das in Jagiroad Police Station Case No. 159/2024 registered under Sections 316(2)/318(4)/3(5) BNS 2023 corresponding to GR No.1019/2024 stands rejected .

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13. Return the case diary herewith.

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JUDGE

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Ajit Das v. the State of Assam

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Ajit Das v. the State of Assam

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