AB 1504/2011 BEFORE HON’BLE MR. JUSTICE B D AGARWAL Heard Sri P Sharma, learned counsel for the petitioner. Also heard Sri K Mazumda r, learned Additional Public Prosecutor for the State of Assam. This application U/S 438 CrPC has been filed by the petitioner, namely, Sri Papumoni Borah,, praying for anticipatory bail apprehending his arre st in connection with Nagaon PS Case No. 496 of 2011 under Sections 406/420/120 (B) of the Indian Penal Code. This is the seco nd bail application filed by the petitioner under Section 438 CrPC. Earlier also , the same prayer was rejected vide order dated 16.05.2011, passed in AB No. 111 0 of 2011. The interim bail was granted on 03.06.2011 on the basis of a sub mission made by the learned counsel for the petitioner that all endeavours shall be made to refund the deposits of all the investors who are not interested to p urchase the products of the Company. Thereafter, the petitioner submitted an aff idavit on 26.08.2011. In the said affidavit, only a copy of the notice issued in Dainik Agradoot on 18.03.2011, is annexed. It may be mentioned that the FIR was lodged subsequently on 28.03.2011. According to the learned counsel, when th e notice was issued on 18.03.2011, one of the agents lodged an FIR apprehending that he would have to refund the excess money. Be that as it may, no document of refund of the money to the inv estors has been annexed with the affidavit. The petitioner is the Managing Direc tor of a Scheme without obtaining any proper license. Hence, I am not inclined t o accept the bail prayer. Accordingly, the anticipatory bail application stands rejected. Hence, the interim bail granted to the petitioner, on 03.06.2011 , stands vacated.