Dhairjya Ram Deka and Anr v. The State of Assam

ORDER Date : 24-05-2024 Heard Mr. S.H. Sikdar, learned counsel for the petitioners.

¶2The petitioners namely 1. Dhairjya Ram Deka and 2. Ashok Deka, have Page No.# 2/3 filed this application under Section 438 of the Code of Criminal Procedure, 1973 with a prayer for pre-arrest bail as they are apprehending arrest in connection with Bangagarh Police Station Case No. 322/2022 under Sections 406/420/409 of the Indian Penal Code, 1860.

¶3Heard Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam for the respondent State.

¶4The allegation is that a loan of Rs.30,25,000/- (Rupees Thirty Lacs Twenty Five Thousand) was sanctioned by the State Bank of India, Guwahati on

03.07.2017 for construction of an RCC building over a plot of land. It is alleged that a mortgage was created over the plot of land by fraudulently stating that the land belongs to the petitioners whereas the land does not belong to the petitioners.

¶5I have considered the submissions at the bar with circumspection.

¶6The petitioners who were on interim bail have appeared before the Investigating Officer and their submissions have been recorded. I have considered that the petitioners have not violated any bail conditions. I have scrutinized the Case Diary which reveals that investigation has progressed to a considerable extent.

¶7It is submitted on behalf of the petitioners that the petitioners are land owners and they have also admitted that they have obtained the loan. The petitioners are local residents and they have pledged to cooperate with investigation.

¶8In view of my foregoing discussions, the interim order dated 13.03.2024 is hereby made absolute. Page No.# 3/3

¶9In the above terms and observations, this Anticipatory Bail application stands disposed of.

¶10Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010042332024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/506/2024 DHAIRJYA RAM DEKA AND ANR S/O LATE BAHI RAM DEKA RESIDENT OF VILLAGE BORGAON, PO DORA KOHRA, PS KAMALPUR, CHANGSARI, DIST KAMRUP R ASSAM 2: ASHOK DEKA S/O DHAIRJYA RAM DEKA RESIDENT OF VILLAGE BORGAON PO DORA KOHRA PS KAMALPUR CHANGSARI DIST KAMRUP R ASSA VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MD IMRAN Advocate for the Respondent : PP, ASSAM \ BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND