Abhimanyu Das v. The State of Assam

ORDER

22.05.2023 Heard Mr S Rahman, learned counsel appearing for the petitioner and Mr K K Parashar, learned Additional Public Prosecutor for the State of Assam.

¶2By this application filed under Section 438 CrPC, the petitioner, Shri Abhimanyu Das, has sought for pre-arrest bail, apprehending his arrest in connection with Basistha Page No.# 2/3 PS Case No. 190 of 2021, registered under Sections 406/420 IPC.

¶3Learned counsel for the petitioner has submitted that a false allegation has been made against the petitioner in the FIR. The date of the incident has not been mentioned by the informant in the FIR, in support of the allegation that has been made against the petitioner.

¶4It is submitted that there is no question of taking of the truck from the possession of the information, for repairing of the said vehicle.

¶5On the other hand learned Additional Public Prosecutor has fairly submitted that after filing of the FIR on 29.01.2021, only the statement of the informant was recorded on the same day. Thereafter, investigation has not properly progressed and the vehicle is still not recovered. Under such backdrop, the learned Additional Public Prosecutor submits that he has no objection if the privilege of pre-arrest bail is extended to the petitioner.

¶6I have heard the submissions made by the learned counsel for both the parties. I have also perused the Case Diary as well as the documents annexed with the record.

¶7In view of the facts and circumstances of the case and having regard to the submissions made by the learned counsel for both the parties, this Court is of the opinion that it is a fit case where the privilege of pre-arrest bail can be extended to the petitioner, Shri Abhimanyu Das Accordingly, it is provided that in the event of arrest in connection with Basistha PS Case No. 190 of 2021, the petitioner, namely, Shri Abhimanyu Das, shall be released on pre-arrest bail on executing a bond of Rs. 20,000/- (Rupees Twenty Thousand), with one surety of like amount to the satisfaction of the arresting authority. The above privilege is, however, subject to the following conditions:

(i) the petitioner is directed to appear before the Investigating Officer within a period of 10 (ten) days from today.

(ii) that the petitioner shall make himself available for interrogation by the Investigating Page No.# 3/3 Officer as and when required;

(iii) that the petitioner 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.

(iv) the petitioner shall not leave the jurisdiction of the Court, without prior permission of the Court. In case of violation of any of the above conditions by the petitioner, the learned Public Prosecutor is at liberty to move before this Court for cancellation of bail.

¶8With the aforesaid observations and directions this Anticipatory Bail Application stands disposed of.

¶9Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010089702023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1517/2023 ABHIMANYU DAS S/O KAMAL DAS R/O NEAR CHAPAIDANG PRIMARY SCHOOL, BONDA, NARENGI, GUWAHATI-781026 DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR S RAHMAN Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE MALASRI NANDI