Mrinal Barman v. The State of Assam

ORDER Date : 03.04.2024

¶1Heard Mr. M. Alam, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State.

¶2This application under Section 438 of the Code of Criminal Procedure, 1973 has been filed by the petitioner, namely, Mrinal Barman, who is apprehending his arrest in connection with Mushalpur P.S. Case No. 25/2024 under Section 420 of Page No.# 2/3 the Indian Penal Code.

¶3The gist of accusation in this case is that one Rupali Bala Ray WPC/96 of A.P.B. Head Quarter, Chraimari, Baksa had levelled certain allegations against one Lance Naik Niranjan Barman cheating the first informant after giving her promise to get married.

¶4The learned counsel for the petitioner has submitted that the petitioner is nowhere connected with the offence alleged in the FIR and he is also not named in the FIR. However, he has received a notice under Section 41A of the Code of Criminal Procedure, 1973 issued by the Deputy Superintendent of Police, Baksa in connection with the case which was registered on the basis of the said FIR and in the said notice, the date for his appearance was mentioned as 22.03.2024. However, due to some personal difficulty, he could not appear before the Police in pursuant to the said notice under Section 41A of the Code of Criminal Procedure, 1973 and, therefore, he is apprehending that if he appears now he may be arrested.

¶5Though, learned Additional Public Prosecutor has submitted that case diary may be called for.

¶6Considering the submissions made by learned counsel for the petitioner, this anticipatory bail application is disposed of with a direction that the petitioner shall appear before the Investigating Officer of Mushalpur P.S. Case No. 25/2024 within a period of ten days from the date of this and shall cooperate in the investigation. If he does so, within the stipulated period of time, in the event of his arrest, in connection with Mushalpur P.S. Case No. 25/2024, the above named petitioner shall be allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) with one surety of like amount subject to the satisfaction of the arresting authority, with following conditions:- Page No.# 3/3 i. That the petitioner shall cooperate in the investigation and shall appear before the Investigating Officer; ii. That the petitioner shall not directly or indirectly make any inducement, threat or promise to any other persons who may be acquainted with the facts of the case so as to dissuade such persons from disclosing such facts before the Investigating Officer.

¶7With the above observation, the bail application is hereby disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010067332024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/853/2024 MRINAL BARMAN S/O SRI PARESH BARMAN R/O VILL- SATPUKURIA P.O. SATPUKURIA, P.S. FALAKATA DIST. ALIPURDUAR, WEST BENGAL. VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. K BORUAH Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA