Harish Kr Pareek v. State of Assam

ORDER

01.08.2024 Heard Ms A Das, learned counsel for the petitioner, Sri Harish Kr. Pareek, who has filed this application under Section 438 CrPC, with prayer for pre-arrest bail, as he is apprehending arrest in connection with Fatasil Ambari PS Case No. 177/2024, under Sections 448/419/420/427/468/ 471/380/34 Indian Penal Code, 1860.

¶2Heard Mr B B Gogoi, learned Additional Public Prosecutor for the State of Assam/respondent. Page No.# 2/3

¶3The FIR unfolds that the informant Veronica Wijunami resides in Dimapur. On

09.06.2024, she had come to her house along with her family from Dimapur and found that Harish Kr. Pareek, Paresh Dey, Sankaracharjya Basumatary and Judisthir Khaklari, had illegally occupied the informant's property and had also engaged a private security guard. This security guard prevented the informant Veronica from entering into her own house and he informed her that the property belongs to the present petitioner, Harish Kr. Pareek. The Police was then informed at about 02:30 pm and with the help of the Police, the informant was able to enter into her property and she found that the above named accused has changed all the door locks of their house. These locks had to be broken with the help of the Police. When the informant went to the 2nd floor of their house, they found one Paresh Dey and his wife in the house. Paresh Dey introduced himself as the Manager of the petitioner and he displayed some false property documents. Meanwhile, Paresh Dey and his wife managed to escape. It is alleged that Harish Kr. Pareek, Paresh Dey, Sankaracharjya Basumatary and Judisthir Khaklari prepared a false agreement for sale by forging the signature of Veronica's husband. They also changed the CCTV Camera System of their house. It was also unearthed by the informant that articles like refrigerator, almirah, AC, laptop, sofa-set, jewellery, valued at Rs. 25 lacs were missing from their house.

¶4It is submitted that the petitioner is not a local resident. He is from Tezpur and he was the first person to inform Veronica that the property belongs to the accused

Page No.# 3/3 Nos. 3 and 4 mentioned in the FIR. The present petitioner is in no way connected to this case.

¶5I have considered the submissions at the Bar with circumspection.

¶6I have also scrutinized the Case Diary.

¶7The petitioner has appeared before the IO and his statement has been recorded. The petitioner has not violated any bail conditions. The petitioner has cooperated with the investigation in compliance of the interim pre-arrest bail order dated 28.06.2024.

¶8Considering all aspects and in view of my foregoing discussions, the interim pre-arrest bail order dated 28.06.2024, passed by a coordinate Bench of this Court is hereby made absolute.

¶9Anticipatory Bail Application stands disposed of.

¶10Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010132372024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1710/2024 HARISH KR PAREEK C/O LT. JUGALE KISHORE PAREEK, R/O BAMPARBATIA, P.O. AND P.S.- TEZPUR, SONITPUR, ASSAM-784001 VERSUS STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. T BARUAH, MR J. ISLAM,MS A DAS Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND