Bhagawan Nand Jha v. The State of Assam

ORDER

27.09.2023

Heard Mr. Z. Hussain, learned counsel for the applicant and Mr. K.K. Parasar, learned Additional Public Prosecutor for the State respondent.

¶2Apprehending arrest in connection with Rangia PS Case No. 372/2023, under Sections 420/406 of the IPC, this application under Section 438 of the Code of Criminal Procedure, 1973, is preferred by applicant namely, Page No.# 2/3 Bhagawan Nand Jha for grant of pre-arrest bail.

¶3The said case was registered on the basis of an FIR lodged by one Syed Nadiruz Zaman, on 02.07.2023. The essence of allegations made in the FIR is that Bhagawan Nand Jha and Sonu Jha, being the proprietor of Satya Advertising and Marketing have taken a sum of Rs. 4,80,000/- from the informant, promising to return the same within a month, but they have failed to return the same in time and they have issued two cheques, bearing registration Nos. 998646 and 998647 of State Bank of India and when the same were presented before the bank, the same returned unpaid, due to insufficient balance.

¶4Mr. Hussain, learned counsel for the applicant submits that pursuant to the order of this court dated 21.07.2023, the applicant had appeared before the IO and his statement is recorded and he has been co-operating with the Investigating Agency and therefore, it is contended to make the interim order, dated 21.07.2023, absolute in the same terms and conditions.

¶5On the other Mr. Parasar, learned Additional Public Prosecutor by producing the case diary before this court, submits that the applicant had appeared before the IO and his statement is recorded and that basically the dispute is civil dispute, between the applicant and the informant and that the IO has examined some witnesses and also seized relevant documents and materials.

¶6Having heard the submissions 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 learned Additional Public Prosecutor.

¶7Having regards to the submissions of learned counsel for both the parties and also considering the fact that material part of investigation is over and that the applicant has been cooperating with the investigation agency, his custodial Page No.# 3/3 interrogation seems to be unwarranted here in this case. Therefore, this court is inclined to make the interim order dated 21.07.2023, absolute in the same terms and condition.

¶8In terms of above this AB stands disposed of.

¶9The case diary be returned.

¶10Pursuant to the order of this Court, dated 19.09.2023, the Officer In-Charge of Rangia PS has entered appearance and his personal appearance is dispensed with.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010154292023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2471/2023 BHAGAWAN NAND JHA S/O GIRINDRA KISHOR JHA R/O VILL- MILAN NAGAR PATH DATALPARA P.O. AND P.S. FATASIL AMBARI DIST. KAMRUP (M), ASSAM PIN-781025 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR Z HUSSAIN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN