AB 2012/2011 BEFORE THE HON’BLE MR. JUSTICE U.B. SAHA The instant application under Section 438 CrPC is filed by the petitioner an inv estors of the Unipay2u Marketing Private Limited, an financial institution, for granting him bail in the event of his arrest in connection with Silchar P.S. Cas e No.1981/2011 under Section 120(B)/420/406/468/506 IPC read with Section 12 (IB ) of the SEBI Act 1992. Heard Mr. G.N. Sahewalla, learned senior counsel assisted by Mr. P. Bora , learned counsel for the petitioner who contended that the allegation made in t he FIR is not against the investors of the Unipay2u Marketing Private Limited bu t against the agent and the official functionaries of the aforesaid Marketing Pr ivate Limited. Therefore, the petitioner is no way involved with the alleged cri me as stated in the FIR. He further contends that this Court has already granted bail to the similarly situated persons even without perusing the case diary. Th erefore, it would be proper for this Court to grant him bail as sought for. Mr. B.S. Sinha, learned Addl. Public Prosecutor in his usual fairness submits th at this Court while hearing the other bail applications, granted bail to the app licants in those bail applications being those applicants were investors. This C ourt only rejected the prayer so far the officials as well as the agents of the aforesaid financial institution are concerned. Therefore, State is not objecting the prayer for bail of the present petitioner. When the State is not willing to detain the person in custody, the Court should not reject the prayer for bail unless the detention is so, called for. But in th e instant case, as the petitioner is a mere investor and in no way involved wit h the offence alleged in the FIR, this Court is of the considered opinion that t his is a fit case where bail should be granted. Accordingly, it is directed that the petitioner Sri Prabal Roy Choudhury shall b e released on bail in the event of his arrest in connection with the aforesaid P .S. Case on furnishing a bond of Rs.20,000/- with two sureties of the like amoun t to the satisfaction of the arresting authority, on further condition that he s hall not leave the State of Assam without prior permission of the learned CJM, C achar, Silchar. He shall appear before the IO of the case as and when required f or the purpose of investigation and he shall not, directly or indirectly, make a ny 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 pol ice officer. With the aforesaid order, the bail application is allowed.