Bhabesh Doley and Anr v. The State of Assam

ORDER

25.04.2024 Heard Ms. S.G. Baruah, learned counsel for the applicants and also heard Ms. A. Page No.# 2/3 Begum, learned Additional Public Prosecutor, Assam, appearing for the State respondent.

¶2Apprehending arrest in connection with Dhakuakhana P.S. Case No.89/2023 under Section 407/34 IPC, this application under Section 438 Cr.P.C. is preferred by two applicants, namely, Bhabesh Doley and Ranjit Pegu, for grant of pre-arrest bail.

¶3It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by one Kabindra Medak, Inspector, Food, Civil Supplies and Consumer Affairs, Dhakuakhana, on 28.06.2023. The essence of allegation made in the aforesaid FIR is that the President and the Secretary of Pub-Dhakuakhana GPSS Ltd., namely, Bhabesh Doley and Ranjit Pegu have withdrawn 1002.50 quintal of NFSA rice from the FCI godown, for the month of June, 2023 and misappropriated the same without distributing amongst the beneficiaries of NFSA under the aforesaid GPSS.

¶4Ms. Baruah, learned counsel for the applicants submits that this Court vide order dated 26.02.2024 was pleased to extend the privilege of interim pre-arrest bail to the applicants and pursuant to the said order, the applicants had appeared before the I.O. and their statements also recorded and that they have been cooperating with the investigating agency and on that count, Ms. Baruah contended that the interim order dated 26.02.2024, may be made absolute, in the same terms and conditions.

¶5On the other hand, Ms. A. Begum, learned Additional Public Prosecutor, Assam, has produced the case diary before this Court and also confirmed appearance of the applicants before the I.O. and further submits that their statements have also been recorded and they have been cooperating with the investigating agency. Ms. Begum further submits that the investigation is still going on.

¶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 Ms. Begum, learned Additional P.P.

¶7The case diary indicates that the applicants have been cooperating with the investigating agency and they have appeared before the I.O. and their statements have Page No.# 3/3 also been recorded and considering above and also considering the progress of investigation, custodial interrogation of the applicants seems to be not warranted here in this case and therefore, this Court is inclined to make the interim order dated 26.02.2024, absolute, in the same terms and conditions. Case diary be returned.

¶8In terms of above, this anticipatory bail application stands disposed of. Comparing Assistant Sd/- Robin Phukan JUDGE

Page No.# 1/3 GAHC010231442023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3478/2023 BHABESH DOLEY AND ANR S/O BIRINCHI DOLEY R/O MATMARA GAON P.S. DHAKUAKHANA PIN-787055 DIST LAKHIMPUR, ASSAM 2: RANJIT PEGU S/O GHANAKANTA PEGU R/O VILL- OPAR KHAMAN MATMARA GAON P.O.KHERKATA- 787005 P.S. DHAKUAKHANA, DIST. LAKHIMPUR ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MS. S G BARUAH Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN