Subhadra Rava Das v. The State of Assam

ORDER 09-06-2023

Heard Mr. A.K. Gupta, learned counsel for the petitioners. Also heard Mr. B. B. Gogoi, learned Additional Public Prosecutor, Assam. 2] This Anticipatory Bail petition has been filed by the petitioner, namely, Smti. Subhadra Rava Das, who is apprehending her arrest in connection with Page No.# 2/3 Digboi Police Station Case No.48/2023 registered under Sections 120(B)/ 386 of the IPC. 3] It is submitted by the learned counsel for the petitioner that a complaint petition has been filed by the informant alleging that the accused persons named in the FIR had withdrawn an amount of Rs.25 Lakhs by different cheques which the complainant was forced to issue and put his signature thereon without writing the name of the beneficiaries. The FIR dated

14.03.2023, Digboi Police Station Case No.48/2023 was registered under Sections 120(B)/ 386 of the IPC and investigation was carried on in the case. Accordingly, apprehending her arrest, present anticipatory bail application has been filed by the petitioner. 4] Learned counsel for the petitioner submits that the petitioner is no way connected in the matter. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case as her husband, Sri M.K. Das has already been arrested in connection with the aforesaid matter. 5] This Court by order dated 12.04.2023 while calling for the case diary granted bail to the petitioner. 6] Case diary, as called for, has been received and the same has been perused. 7] Upon perusal of the case diary, it is seen that the statements of the Page No.# 3/3 petitioner have been recorded and investigation has been carried on. Substantially, but no charge-sheet has been filed. No specific materials are found in the case diary which would suggest that pursuant to the grant of bail, the petitioner did not cooperate with the investigation that is being carried on. The case diary does not reveal any materials against the petitioner to suggest that continuation of interim bail will impede the process of investigation. Further, there are also no materials seen in the case diary at this stage of investigation to suggest that the grant of anticipatory bail to the petitioner will hamper the further investigation in the case or her prayer for grant of Anticipatory Bail ought not to be allowed at this stage. The case relates to monetary transaction between the complainant and the husband of the petitioner along with other co-accused persons and all connected documents are under the custody of the police. Accordingly, this Court is of the view that interim bail granted to the petitioner by the order dated 12.04.2023 can be made absolute. 8] Accordingly, the order dated 12.04.2023 is hereby made absolute on the same terms and conditions which are mentioned in the said order. 9] The anticipatory bail application is allowed and disposed of. Return the case diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010081922023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1395/2023 SUBHADRA RAVA DAS W/O MANOJ KUMAR DAS, R/O BALIJAN GAON, P.O. AND P.S.- DIGBOI, DIST.- TINSUKIA, ASSAM. VERSUS THE STATE OF ASSAM REP. BY P.P., ASSAM. Advocate for the Petitioner : MR. A K GUPTA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA