Debaashis Banerjee @ Debashish Pal @ Debashis Pal v. The State of Assam

ORDER

12.03.2024 Heard Mr. S. Khound, learned counsel for the applicant and also heard Mr. P.S. Lahkar, learned Additional Public Prosecutor, Assam, appearing for the State respondent.

¶2This application, under Section 438 Cr.P.C. is preferred by the applicant, namely, Page No.# 2/3 Debaashis Banerjee @ Debashish Pal @ Debashis Pal, who has been apprehending arrest in connection with Geetanagar P.S. Case No.29/2024, under Section 143/447/468/471 IPC, for grant of pre-arrest bail.

¶3It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by one Sandeep Choraria, on 06.12.2023. The essence of allegations made in the aforesaid FIR is that he is the owner of a plot of land covered by Dag No.642 (old) / 1677 (new) of Kheraj Patta No.303 (old)/566(new) situated at Japorigog village and on 27.10.2022, at around 7:00 p.m. in the evening, a group of unknown persons led by one Muzamil Haq and Debaashis Banerjee entered into the said plot of land and forcefully drove away the watchman and locked the gate from inside and they have produced forged and fake land documents in the police station and they grab this plot of land.

¶4Mr. Khound, learned counsel for the applicant submits that the present applicant is the caretaker of the aforesaid plot of land and one Gayatri Benerjee Kohli is the owner of the said plot of land and that the applicant is no way involved with the offence alleged in the FIR and that he is ready to cooperate with the investigating agency and therefore, it is contended to allow this petition.

¶5On the other hand, Mr. P.S. Lahkar, learned Additional Public Prosecutor, Assam, has produced the case diary before this Court and fairly submits that the materials collected so far in the case diary are inadequate to show the complicity of the applicant with the offence alleged in the FIR.

¶6Having heard the submission of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the case diary with the assistance of Mr. Lahkar, learned Additional P.P.

¶7In view of the materials collected so far in the case diary and also in view of the submission of learned Advocates of both sides and also having regards to the nature and gravity of the offence, custodial interrogation of the applicant seems to be not warranted Page No.# 3/3 here in this case and therefore, this Court is inclined to allow this petition. It is provided that in the event of arrest of the applicant, namely, Debaashis Banerjee @ Debashish Pal @ Debashis Pal, in connection with Geetanagar P.S. Case No.29/2024, under Section 143/447/468/471 IPC, he shall be enlarged on pre-arrest bail on his executing a bond of ` 50,000/-with one surety of the like amount to the satisfaction of the arresting authority. The above privilege is, however, subject to the following conditions:-

(i) The applicant shall make himself available for interrogation by the Investigating Officer as and when required;

(ii) The applicant 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 him from disclosing such facts to the Court or to any police officer; and

(iii) The applicant shall not leave the jurisdiction of the learned C.J.M., Kamrup(M), without prior permission.

¶8In terms of above, this anticipatory bail application stands disposed of.

¶9Case diary be returned. Comparing Assistant Sd/- Robin Phukan JUDGE

Page No.# 1/3 GAHC010042342024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/500/2024 DEBAASHIS BANERJEE @ DEBASHISH PAL @ DEBASHIS PAL S/O LATE MIHIRAKUR PAUL RESIDENT OF DEBEN PATTI, MAHASING MEGHARAJ JAYNARAYAN ROAD, PS PAN BAZAR, GUWAHATI ASSAM 781001 VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR. K MOHAMMED Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN