TRINAYAN BORGOHAIN v. THE STATE OF ASSAM
Court: Gauhati High Court
Bench: HONOURABLE MR. JUSTICE AJIT BORTHAKUR
Judgment date:
Case summary
Gauhati High Court judgment dated 2020-12-10. TRINAYAN BORGOHAIN v. THE STATE OF ASSAM. Read the judgment and case details on LawSphereX.
Judgment text
Page No. # 1/3 GAHC010164922020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3316/2020 TRINAYAN BORGOHAIN S/O- MODAN BORGOHAIN, PERMANENT R/O- VILL- P. O. AND P. S. BOGINADI, DIST. - LAKHIMPUR, ASSAM, PIN- 787001, PRESENT ADDRESS- H. NO. 4, BYE LANE NO. 9, GAKUL PATH, SARUMOTORIA, GHY-06, DIST. - KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP. BY P. P. , ASSAM Advocate for the Petitioner : MR. B CHOWDHURY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR ORDER Date : 10-12-2020 Heard Mr. B. Chowdhury, learned counsel appearing for the petitioner. Also heard Mr. N. K. Kalita, learned Addl. Public Prosecutor, Assam appearing for the State respondent. This petition under Section 438 Cr. P. C. , is filed for granting the privilege of pre-arrest bail to the petitioner, namely Trinayan Borgohain apprehending arrest in connection with Page No. # 2/3 Paltan Bazar P. S. Case No.
710/2020 corresponding to G. R. Case No. 11073/2020 registered u/s 406/420 of the IPC. The Case diary, as called for, is placed before the Court. Mr. B. Chowdhury, learned counsel appearing for the petitioner, submits that the petitioner is innocent and that a conspiracy was hatched up by some employees to oust him from the company’s service. Mr. N. K. Kalita, learned Addl. Public Prosecutor, submits that the case diary reveals that the petitioner was an employee of the Cholamandalam MS General Insurance Co. Ltd. and the I. O. has seized some documents showing acceptance of money from customers for the purpose of issue of fake policy to customers. It is, however, not apparent as to how the documents were forged and where the amount of premium received was credited as well as by whom. The F. I. R. lodged by Cholamandalam MS General Insurance Co. Ltd.
reveals that the petitioner, who is the sacked employee of the said Insurance Company, indulged in issuance of fake insurance policies to customers after collecting premium amounts and further, the document details did not match the office records. A perusal of the case diary reveals that the above alleged fraudulent activities of the petitioner have come to the notice of the company after he was terminated from service and an insurance claim was received by the informant’s office. The FSL (Handwriting Expert) reports on the seized policy is yet to be obtained and no detailed report on the connected office records is available. The investigation is, however, yet to be completed. Having considered the pros and cons of the evidence, so far collected by the I. O. , this Court is of the view that custodial interrogation of the petitioner may not be necessary in the interest of the ongoing investigation into the case.
Accordingly, it is provided that in the event of arrest, the petitioner, named above, shall be released on pre-arrest bail, in connection with the above noted case on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with one surety of like amount to the satisfaction of the arresting authority, subject, of course, to the following conditions: Page No. # 3/3 (i) That the petitioner shall appear before the Investigating Officer within 7 days; (ii) That the petitioner shall not hamper or tamper with the investigation in any manner; and (iii) That the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. Return the case diary. This disposes off the anticipatory bail application. JUDGE Comparing Assistant
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