Chandra Lahkar and Anr v. The State of Assam

ORDER Date : 22.10.2024

¶1Heard Mr. B. Chakraborty, learned petitioners. Also heard Mr. R. R. Kaushik, learned Additional Public prosecutor for the State of Assam.

¶2This is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita

(BNSS), 2023, praying for pre arrest bail in respect of Sarupathar P.S. Case No.28/2024. Page No.# 2/2

¶3The informant has alleged that he had a contract with the two petitioners who agreed to supply 31 quintals of local betel nuts to him for a price of Rs.7,00,000/-. Accordingly on the same day an advance amount of Rs.50,000/- was paid by the informant by Google Pay but the petitioners insisted on paying the entire amount. Therefore the petitioner brought the additional amount of Rs.6,50,000/-.

¶4According to the informant, the petitioners snatched away the said amount of Rs.6,50,000/- and fled away from the place.

¶5I have considered the submissions made by the learned counsels of both the sides.

¶6It appears that instead of accepting of Rs.6,50,000/- from the informant, the petitioners have snatched away the money and that is the reason why the FIR was lodged.

¶7This Court is of the opinion that this is a case of a contract between the two persons, therefore the informant if feels aggrieved may approach to the appropriate authority for seeking relief.

¶8This Court is in agreement with the petitioners that they do not deserve to be detained in custody for the aforesaid allegation.

¶9Therefore the pre-arrest bail application of the petitioners is allowed.

¶10It is hereby directed that in the event of arrest in connection with Sarupathar P.S. Case No.28/2024, the petitioners Sri. Chandra Lahkar and Md. Intaz Ali shall be released on bail of Rs.25,000/- each with a surety of like amount to the satisfaction of the arresting authority.

¶11The petitioners shall co-operate with the Police Investigating Officer as and when required.

¶12With the aforesaid direction the bail application stands disposed of.

¶13The Case Diary shall be returned. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010216302024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2749/2024 CHANDRA LAHKAR AND ANR S/O SRI PARESH LAHKAR, R/O CHUNGAJAN, P.S.-CHUNGAJAN, DIST- GOLAGHAT, ASSAM 2: MD INTAZ ALI S/O SRI MAHBUL ALI R/O NITEJE BOSTI (NAGA BOSTI) P.S.-SARUPATHAR DIST- GOLAGHAT ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR P S RAJA, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA