Ananda Kalita v. The State of Assam

PageoNo.#o1/3 GAHC010170312024 ooooooo 2024:GAU-AS:11335 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:ooAB/2216/2024 ANANDAoKALITA S/OoBARUNoKALITAo R/OoRISCONoTOWER oAHOMoGAONo GUWAHATI-19 oP.S.oDISPURo DIST.oKAMRUPo(M) oASSAM oVERSUS THEoSTATEoOFoASSAM REPoBYoTHEoPP oASSAM o------------ oAdvocateoforo:oMR.oIoHoSAIKIA Advocateoforo:oPP oASSAMoappearingoforoTHEoSTATEoOFoASSAM ooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

20/11/2024 Heard Mr. I H Saikia, learned counsel for the petitioner and Ms. S H Bora, learned Additional Public Prosecutor, Assam for the State.

¶2The petitioner, namely, Ananda Kalita, son of Barun Kalita, resident of Riscon Tower, Ahom Gaon, District-Kamrup (Metro), Guwahati, has filed this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre-arrest bail apprehending his arrest in Dispur P.S. Case No. 669/2024 registered under Sections 406/420 IPC.

¶3As per the FIR dated 30.06.2024 lodged before the Officer-in-Charge of Dispur Police Station, the case is that the petitioner borrowed an amount of Rs.11,03,200/- from the informant. He got acquainted with the petitioner through Mr. Deepranjan Kumar, as the petitioner was staying in Deepranjan Kumar's house for a considerable period of time. The petitioner induced the informant to invest in different ventures. When the informant asked the petitioner to return the money, the petitioner promised to return the money, but later, the petitioner refused to discuss about the matter. It is alleged that the petitioner has cheated the informant.

¶4As such, the informant/complainant in his FIR dated 30.06.2024 requested the authority of Dispur Police Station to enquire into the matter and to take necessary action in accordance with law. Hence, Dispur P.S. Case No. 669/2024 under Sections 406/420 IPC was registered against the petitioner.

¶5Perused the case diary placed before the Court today by Ms. Bora, learned Additional Public Prosecutor, Assam.

¶6Considering the materials available in the case diary, the Court is of the view that custodial detention of the petitioner, named above, is not warranted to investigate the said Dispur P.S. Case No. 669/2024. As such, this pre-arrest bail application of the petitioner is accepted.

¶7The petitioner, namely, Ananda Kalita is already on interim bail in said Dispur P.S. Case No. 669/2024 granted to him earlier by this Court on 27.08.2024 and the same is hereby Page No.# 3/3 made absolute, subject to the full compliance of the terms and conditions as specified in the said order dated 27.08.2024 and further, on compliance of the following conditions that the petitioner – (i) shall not hamper with the investigation, or tamper with the evidence of the case and (ii) 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 them from disclosing such facts to the Court or to any police officer.

¶8Any violation of any of the aforesaid terms and conditions as well as the terms and conditions as specified in the said order dated 27.08.2024, noted above, the pre-arrest bail granted to the petitioner in said Dispur P.S. Case No. 669/2024 shall stand automatically vacated.

¶9Accordingly, this pre-arrest bail application stands allowed to the extent above.

JUDGE Comparing Assistant