AB 2165/2011 BEFORE HON’BLE MR. JUSTICE H.BARUAH Heard Mr.S.C.Biswas learned counsel for the petitioner and Mr.K.Munir, learned Addl.P.P. for the State of Assam. The petitioner is one of the Directors of Unique Entrade Private Limited situated at Karimganj . Apprehending arrest in connection with Karimganj P.S.Ca se No. 287/2011 under Section 120(B)/406/420 IPC the petitioner Nirupam Dey has approached this court by filing this bail application under Section 438 Cr.P.C to provide him pre-arrest bail, in view of the facts appearing in the face of th e record and the ground contended in the petition. One Swapan Dutta of Jumbasti,P.S. Badarpur, an agent of the aforesaid Co mpany filed a complaint case before the learned CJM, Karimganj alleging intera lia therein that the Company Collected a huge amount of money amounting to Rs.1 Crore from various customers/investors at high rate of interest. But all on a s udden, the Company put its headquarter under lock and key and the persons involv ed with the Company thus misappropriated the amount of the customers. Mr.Biswas learned counsel for the petitioner in support of his bail appl ication contends that the petitioner is one of the Directors. He does not have a direct role in handling the money collected from various customers. But from th e materials available in the case diary, this court finds that the company under the name and style was collecting money from various customers at high rate of interest. But the company suddenly stopped its business and put the company unde r lock and key and the Directors including the petitioner could not be found by the customers for return of their money that invested with it. Materials go to show that in the name of the Company, the Directors collected money through its agents and cheated the customers by misappropriating the amount so collec ted. In view of the available materials, this Court does not find that it is a fit case for granting privilege of pre arrest bail to the petitioner. However the petitioner would be at liberty to approach learned CJM, Karimganj for bail which shall be disposed of in accordance with law. In order to facilitate the petitioner to approach the Court of CJM, Kari mganj, this Court thinks it appropriate to grant interim relief till 30.9.2011,w ithin this time the petitioner shall approach the learned CJM, Karimganj for bai l. In the event of arrest of the petitioner abovenamed within the time fr ame,he shall be released on bail of Rs.15,000/- with a surety of the like amoun t to the satisfaction of the arresting authority. Bail application stands disposed of.