Anil Kumar Seal v. The State of Assam

ORDER Date : 31-08-2024

Heard Mr. A.K. Bhuyan, learned Senior Counsel for the petitioner Anil Kumar Seal, who has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since Page No.# 2/3

25.08.2024 in connection with Paltanbazar Police Station Case No. 271/2024 under Sections 420/486/471 of the Indian Penal Code, 1860.

¶2It is submitted on behalf of the petitioner that the work order of the subject tender was not issued against him.

¶3Heard learned Additional Public Prosecutor, Assam Mr. M.P. Goswami for the respondent State, who has raised serious objection stating that the allegation against the petitioner is that he has submitted forged documents in a tender process to illegally procure work order relating to the subject tender. He has raised serious objection against the petition as this is a serious allegation of fraudulent activities.

¶4I have considered the submissions at the bar with circumspection. I have considered the submission that the subject tender is of the year 2020 whereas the FIR was lodged in the year 2024. I have considered the submission that the petitioner is willing to cooperate with the remaining part of the investigation. The petitioner has pledged to abide by any stringent bail conditions if imposed upon him. The petitioner is a local resident and he is not a flight risk.

¶5Considering all aspects, petition is allowed.

¶6The petitioner is enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M) under the conditions that : Page No.# 3/3

(i) The petitioner shall refrain from such activities with which he is alleged.

(ii) The petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation.

(iii) The petitioner shall not leave the jurisdiction of the Court without prior permission.

¶7On breach of any of the bail conditions, bail order shall automatically stand cancelled.

¶8In terms of the above observation, this Bail Application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010177982024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2593/2024 ANIL KUMAR SEAL S/O LATE SUCK CHARAN SEAL, RESIDENT OF HOUSE NO. 9, HENGRABARI, GUWAHATI, PO HENGRABARI, PS DISPUR, DIST KAMRUPM ASSAM 781036 VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR. A K BHUYAN, MR A SHARMA,MR J DAS,MR A TALUKDAR,MS B BORA,MR. A KHOUND,MR. M BORAH,MS. N CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND