Nipjyoti Patgiri v. The State of Assam

ORDER

22.01.2024

Heard Mrs. M. Barman, learned counsel for the applicant and Mr. R.J. Barua, learned Additional Public Prosecutor for the State respondent.

¶2Apprehending arrest in connection with Jalukbari PS Case No. 611/2023, under Sections 417/419/406 of the IPC, this application under Section 438 of the Code of Criminal Procedure, 1973, is preferred by applicant namely, Page No.# 2/3 Nipjyoti Patgiri for grant of pre-arrest bail.

¶3The said case was registered on the basis of an FIR lodged by Smti 'X' [name withheld], on 18.10.2023. The essence of allegations made in the FIR is that the applicant impersonating himself as I.T. Engineer and by proposing to marry the informant, developed love affairs with her and established physical relation with her and thereafter, she came to know that he is one Nipjyoti Patgiri and he is a married person and he had cheated many others.

¶4Mrs. Barman, learned counsel for the applicant submits that this Court was pleased to grant interim protection to the applicant, vide order dated

20.11.2023, and pursuant to the said order, the applicant had appeared before the IO and has been cooperating with the investigating agency and that the custodial interrogation of the applicant may not be required in the interest of investigation and therefore, it is contended to make the interim order dated 20.11.2023, absolute in the same terms and conditions.

¶5On the other Mr. Barua, learned Additional Public Prosecutor by producing the case diary before this court, submits that the IO has collected sufficient incriminating materials against the applicant and therefore, it is contended to dismiss the petition.

¶6Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition as well as the documents placed on record and also perused the Case Diary with the assistance of learned Additional Public Prosecutor.

¶7Considering the submissions of learned counsel for both the parties and also considering the fact that the applicant has been cooperating with thae investigating agency and further considering the materials collected so far in the case diary, this Court is inclined to make the interim order dated 20.11.2023, Page No.# 3/3 absolute in the same terms and condition.

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

¶9The case diary be returned.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010251462023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3755/2023 NIPJYOTI PATGIRI S/O SHIBENDRA NATH PATGIRI R/O GANDHI NAGAR, BARPETA, P.S. BARPETA, DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MRS M BARMAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN