Dusmanta Sarmah v. The State of Assam

ORDER

25.09.2024

¶1Heard Mr. T. A. Laskar, learned counsel for the petitioners. Also heard R R Kaushik, learned Additional Public Prosecutor for the State. Page No.# 2/3

¶2This application has been filed under Section 438 of the Code of Criminal Procedure, 1973 has been filed by the petitioners, namely, 1. Dusmanta Sarmah and 2. Bhogeswar Das, who are apprehending their arrest in connection with Thelamara P.S. Case No. 40/2024 under Sections 420/406/468/34 of the Indian Penal Code.

¶3The gist of accusation is that on 17.06.2024, one Deep Saikia and 13 other informants have lodged an FIR before the Officer-in-Charge of Thelamara Police Station, inter alia, alleging that the organizing of the gift coupon game which was held on 10th June, 2024 for the aid of Sri Sri Surabi Ashram Harihar Mandir had indulged in mismanagement and certain anomalies were committed while conducting the said gift coupon game. It is also alleged that while conducting the said gift coupon game, no tax was paid by the said committee and various other anomalies were conducted by the lottery game committee.

¶4The learned counsel for the petitioners has submitted that the petitioners are the members of the organizing committee of the said gift coupon game which was held in aid of Sri Sri Surabi Ashram Harihar Mandir and for conducting the said gift coupon game, necessary permission was obtained from the district administration and no anomalies were conducted for conduct of the said gift coupon game.

¶5The learned counsel for the petitioners has also submitted that as the petitioners are the members of the organizing committee of the gift coupon game, after registration of the FIR, the Police is searching for them and, therefore, they are apprehending their Page No.# 3/3 arrest. It is also submitted that the petitioners are willing to cooperate in the investigation.

¶5Case Diary is received.

¶6I have considered the submissions at the Bar with circumspection.

¶7I have also scrutinized the Case Diary.

¶8The petitioner has appeared before the IO and he has cooperated with the investigation. The petitioner has not violated any bail conditions.

¶9Considering all aspects, interim order dated 27.06.2024, is hereby made absolute, under the same terms and conditions.

¶10Anticipatory Bail Application stands disposed of.

¶11Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010130422024 2024:GAU-AS:9619 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1674/2024 DUSMANTA SARMAH S/O LAKHMAN DEV SARMAH, A RESIDENT OF VILL- PATIA PUKHURI, P.S. THELAMARA DIST. SONITPUR, ASSAM PIN-784149 2: BHOGESWAR DAS S/O MADHAB CHANDRA DAS A RESIDENT OF VILL- KOWMARI P.S. THELAMARA DIST. SONITPUR ASSAM PIN-78414 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : T A LASKAR, MR S A BARBHUYAN Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND