Swmkhwr Swargiary v. The State of Assam

ORDER Date : 31-07-2024

Heard Mr. N.K. Kalita, learned counsel for the petitioner Swmkhwr Swargiary, who has filed this application under Section 438 of the Code of Criminal Procedure, 1973 with prayer for pre-arrest bail as he is apprehending arrest in connection with Simla Police Station Case No. 36/2024 under Sections 401/411 of the Indian Penal Code, 1860 (G.R. No. 392/2024). Page No.# 2/2

¶2The allegation against the petitioner is that he has sold a stolen bike bearing registration No. AS01FL3249 to Sanjay Brahma.

¶3The learned Additional Public Prosecutor has submitted that there are incriminating materials against the petitioner. The petitioner has sold several stolen bikes to different purchasers and they have purchased the bikes as the petitioner has offered the same at a lower rates as compared to the market price.

¶4I have scrutinized the Case Diary. Indeed there are incriminating materials in the Case Diary. There appears to be no justified ground to extend the privilege of anticipatory bail to the petitioner at this stage.

¶5Petition stands rejected at this stage.

¶6Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010132912024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1721/2024 SWMKHWR SWARGIARY S/O DIPAK SWARGIARY, R/O VILL- HAHCHAR NO. 1, P.O.-RUPOHI, P.S.- SALBARI, DIST- BAKSA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. N K KALITA, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND