Anirban Dewari @ Anirban Deori v. The State of Assam and Ors

ORDER Date : 20.11.2024 Heard Mr. A. Choudhury, learned counsel for the petitioner. Also heard Mr. D.P. Goswami, learned Addl. P.P. for the State and Mr. M. Haloi, learned Special P.P. for the Central Bureau of Investigation (respondent no.2). 2) The petitioner, Anirban Dewri alias Anirban Deori, who is Page No.# 2/4 apprehending arrest in connection with Nagaon P.S. Case No. 859/2024 under sections 61(2), 316(2), 318(4) of the BNS read with section 21(1), 21(2), 21(3), 22 and 23 of the Banning of Unregulated Deposit Schemes Act, 2019, has filed this pre-arrest bail application under section 482 of the BNSS. 3) In the order dated 21.10.2024, it has been recorded that the learned Addl. P.P. had submitted that the investigation was handed over to the CBI. Accordingly, the CBI was impleaded as respondent no.2. 4) The learned counsel for the petitioner is relying on a copy of the order dated 08.10.2024, passed by this Court in A.B. No. 2413/2024 – Kashyap Phukan v. State of Assam, whereby a co-accused has been granted pre-arrest bail by this Court. Accordingly, the principle of parity is invoked by the learned counsel for the petitioner as the petitioner is similarly situated as the petitioner in A.B. 2413/2024. 5) Accordingly, on the ground that there is every likelihood that the CBI has not been able to make out a case that the petitioner was in any way involved in indulging in unregulated deposits. 6) The learned Special P.P. for the respondent no. 2 has produced the scanned copy of the case diary and has opposed the prayed for bail in the interest of investigation, which is at its nascent stage and moreover, the petitioner has not appeared before the I.O. despite service of notice. 7) Considered the materials available on record and perused the case diary. 8) From the investigation done so far, it is seen that the I.O. has been able to collect documents to show that in one of the petitioner's bank account, there is a debit entry for a sum of Rs.5,14,27,808.45 and credit entry Page No.# 3/4 for a sum of Rs.4,66,80,597.45. It is also seen that as per the bank statement, the monetary transactions are through voluminous UPI payments. It is otherwise available in public domain that a person making UPI payments cannot be tracked through UPI transaction identification number. 9) In this case, the CBI case has been registered on 23.10.2024. It is also seen from the case diary that the I.O. has taken steps to obtain information from several banks and UPI platforms. Thus, the investigation by the CBI is at a very nascent stage. 10) The investigation carried out so far does not reflect that any person has lodged an FIR that they have been cheated by the petitioner. Nonetheless, the root cause for the financial transactions to such huge extent as indicated hereinbefore is required to be investigated. 11) The possibility that the Govt. of Assam must have information about the seriousness of the unregulated deposit scam so as to hand over the investigation to the CBI cannot be ruled out. 12) It is well settled that economic and/or financial fraud and financial scams are required to be treated as an offence of a different class. If anything which is projected by the CBI is true, then small deposits by many people from the State have been accumulated and the masterminds of the scam have then closed down their establishments. 13) The learned counsel for the petitioner has submitted that the petitioner's establishment, namely, Bulls Eyes Foundation is an NGO to provide ambulance service, etc. If that be so, then the investigating agency has to unearth the reason for such a huge financial transaction in the account of the petitioner. Page No.# 4/4 14) Therefore, the grant of bail to one of the co-accused, would not come in the way of the Court to hold that as the investigation is at the nascent stage, and as a huge monetary transaction has been found in the bank account of the petitioner and his purported NGO, pre-arrest bail cannot be granted to the petitioner at this stage of investigation. 15) Accordingly, the prayer for pre-arrest bail for the petitioner, namely, Anirban Dewri alias Anirban Deori, is rejected at this stage. 16) The scanned copy of the case diary is returned.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010186642024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2414/2024 ANIRBAN DEWARI @ ANIRBAN DEORI S/O BUBUL DEWRI, R/O KHUTIKOTIYA, P.S.-NAGON SADAR, P.O.- HAIBARGAON, DIST- NAGAON, ASSAM, PIN-782001 VERSUS THE STATE OF ASSAM AND ORS. REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:CENTRAL BUREAU OF INVESTIGATION REPRESENTED BY P.P. CB Advocate for the Petitioner : MR. D SARMAH, B. D. KAKATI,S. J. SAHARIAH Advocate for the Respondent : PP, ASSAM, PP, CBI BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA