Nikhil Das v. The State of Assam

ORDER

03.05.2024 Heard Mr A S Ali, learned counsel for the petitioner, Nikhil Das.

¶2The petitioner has filed this application under Section 438 CrPC, with prayer for pre-arrest bail, as he is apprehending arrest in connection with Tezpur PS Case No. 38/2024, under Sections 420/406 of the IPC Page No.# 2/3

¶3Heard Mr B Sarma, learned Additional Public Prosecutor for the State of Assam.

¶4The allegation against the petitioner is that he induced the informant to hand over his vehicle, so that the petitioner could use the vehicle, till the informant who was ailing at that time would recover from his ailment, and take back the vehicle. After recovery, the informant asked the petitioner to return the vehicle, but the petitioner verbally abused him.

¶5I have considered the submissions at the Bar.

¶6It is submitted on behalf of the petitioner that the informant had sold the vehicle to the petitioner and the petitioner had paid the installments as the vehicle was purchased on hire-purchase basis.

¶7The learned Additional Public Prosecutor has submitted that the petitioner is on interim bail and he has appeared before the IO and he has cooperated with the investigation.

¶8I have considered the submissions at the Bar with circumspection.

¶9I have also considered the submission on behalf of the petitioner that the petitioner has appeared before the IO and has cooperated with the investigation. The petitioner would also submit the agreement executed between both the parties in connection with this case to the IO.

¶10As the petitioner has not violated any bail conditions, the interim order dated

18.03.2024, is hereby made absolute.

¶11Bail Application stands disposed of. Page No.# 3/3

¶12Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010057212024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/718/2024 NIKHIL DAS S/O SRI BRITISH DAS R/O KHATUWAL P.S. SOOTEA DIST. BISWANATH, ASSAM PIN-784175 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. N K DAS Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND