Bharat Neog v. The State of Assam

ORDER

04.12.2023 Heard Mr. S. Das, learned counsel for the applicant and also heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam, appearing for the State respondent.

¶2Apprehending arrest in connection with Nagaon P.S. Case No.648/2023, under Page No.# 2/3 Sections 420/379 IPC, this application under Section 438 Cr.P.C. is preferred by applicant, namely, Bharat Neog for grant of pre-arrest bail.

¶3It is to be noted here that the aforementioned case has been registered on the basis of one FIR lodged by one Abdun Noor on 12.07.2023. The essence of allegation made in the FIR is that on that day he came to SBI Khutikatia Branch and attempted to withdraw money from the ATM at about 3:30 p.m. but he could not succeed, as he had committed some mistake and then one person, who was there in the ATM, took his mobile phone and took away his SIM card and his Adhaar Card as well as PAN card, and thereafter, returned the mobile handset and later on, at about 12:00 a.m. at night, he came to know that PhonePe transaction is going on and a sum of ` 40,000/- was withdrawn from his account.

¶4Mr. Das, learned counsel for the applicant submits that this Court vide order dated

11.09.2023 was pleased to extend interim protection to the applicant and pursuant to the said order, he had appeared before the I.O. and he has been cooperating with the investigating agency and on such count Mr. Das submits that the interim order dated

11.09.2023 may be made absolute, in the same terms and conditions.

¶5On the other hand, Mr. B. Sarma, learned Additional Public Prosecutor has produced the case diary before this Court and submits that the applicant had appeared before the I.O. and he has been cooperating with the investigating agency. However, Mr. Sarma submits that the I.O. has collected some materials in support of the allegation made in the FIR and some other cases are also pending against him.

¶6Having heard the submission 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 Mr. Sarma, learned Additional P.P.

¶7The case diary indicates that the applicant had appeared before the I.O. and he has been cooperating with the investigating agency. Further, it appears that the I.O. has achieved some progress in the investigation of the case and custodial interrogation of the Page No.# 3/3 applicant for the purpose of investigation, seems to be not warranted here in this case and therefore, this Court is inclined to make the interim order dated 11.09.2023 absolute, in the same terms and conditions.

¶8In terms of above, this anticipatory bail application stands disposed of.

¶9Case diary be returned. Comparing Assistant Sd/- Robin Phukan JUDGE

Page No.# 1/3 GAHC010198912023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3068/2023 BHARAT NEOG S/O LATE MATHURA NEOG, R/O VILL- DHING,P.S. DHING DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM TO BE REP. BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN