Prodipta Rongpipi and 2 Ors v. The State of Assam

ORDER

10.05.2024 Heard Mr. B. Borgohain, learned counsel for the applicants and also heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam, appearing for the State respondent.

¶2Apprehending arrest in connection with Mangaldoi P.S. Case No.44/2019 under Section 193/468/471 IPC, this application under Section 438 Cr.P.C. is preferred by three applicants, namely, Prodipta Rongpipi, Anna Annie Barla and Pratima Lakra, for grant of pre-arrest bail.

¶3It is to be noted here that the above-noted case has been registered on the basis of an FIR lodged by one Anil Chandra Sarmah, Retired Professor, Mangaldoi College, on

19.01.2019. The essence of allegation made in the aforesaid FIR is that one Rimika Tanti has submitted one forged date of birth certificate in C.R. No.216/2017.

¶4Mr. Borgohain, learned counsel for the applicants submits that the applicants are Page No.# 3/3 granted the privilege of interim pre-arrest bail vide order dated 08.04.2024 and pursuant to the said order, they have appeared before the I.O. and their statements have also been recorded and that they are no way involved with the offence alleged in the FIR and they are ready to cooperate with the investigating agency and therefore, it is contended to make the interim order dated 08.04.2024, absolute, in the same terms and conditions.

¶5On the other hand, Mr. B. Sarma, learned Additional Public Prosecutor, Assam, has produced the case diary before this Court and submits that the I.O. has collected some materials against the present applicants. Mr. Sarma also submits that the applicants have appeared before the I.O. and their statements have been recorded.

¶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. Sarma, learned Additional P.P.

¶7The case diary indicates that the I.O. has collected some materials in support of the allegation made in the FIR. But it also appears from the case diary that the applicants have been cooperating with the investigating agency and they have appeared before the I.O. and their statements have also been recorded.

¶8In view of above, and also in view of the progress of investigation, custodial interrogation of the present applicants seems to be not warranted here in this case and therefore, this Court is inclined to make the interim order dated 08.04.2024, absolute, in the same terms and conditions. Case diary be returned.

¶9In terms of above, this anticipatory bail application stands disposed of. Comparing Assistant Sd/- Robin Phukan JUDGE

PageoNo.#o1/3 GAHC010073302024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/926/2024o PRODIPTAoRONGPIPIoANDo2oORS.o D/OoPRITOMoRONGPIo R/OoNEWoCHRISTIANoPATTY,oBORBHETA,oJAILoROAD,o P.O.oBORBHETA,oP.S.oJORHATo PIN-785004o DIST.oJORHAT,oASSAMo PERMANENToADDRESS-o FLAToNO.o3B2,oBLOCK-A,o ECSTASYoENCLAVE,oLAKHIMIoNAGARo P.S.oHATIGAON,oPIN-781038o DIST.oKAMRUPo(M),oASSAM 2:oANNAoANNIEoBARLA oD/OoDAVIDoBARLAo R/OoBARIKAoCHUBURI oTEZPURo P.O.oTEZPUR oP.S.oTEZPURo DIST.oSONITPUR oASSAMo PIN-784001.o PERMANENToADDRESS-o R/OoFLAToNO.o5D3 oBLOCK-B o ECSTASYoENCLAVE oLAKHIMIoNAGAR o P.S.oHATIGAON oPIN-781038o DIST.oKAMRUPo(M) oASSAM 3:oPRATIMAoLAKRA Page No.# 2/3 W/O JEROME MARDI R/O KALAJHAR PARKIJULI P.S. TAMULPUR PIN-781360 DIST. TAMULPUR ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MS. A RANA Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN