Dharmendra Prasad Sah v. The State of Assam

ORDER

24.01.2024 Heard Ms. T. Som, learned counsel for the applicant and also heard Mr. R.J. Baruah, learned Additional Public Prosecutor, Assam, appearing for the State respondent.

¶2Apprehending arrest in connection with Nagaon P.S. Case No.823/2023, under Section 420/468/471 IPC, this application under Section 438 Cr.P.C. has been preferred by Page No.# 2/3 the applicant, namely, Dharmendra Prasad Sah, 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 Debajit Saikia on 05.09.2023. The essence of allegation made in the aforesaid FIR is that Dharmendra Prasad Sah, who has been appointed as the authorised service dealer of Honda two wheelers in the name and style of Anamika Enterprise for the Lanka location, vide letter dated 20.08.2014 has fraudulently submitted some documents fabricating the signature of the informant and stealing his dealership's letter pad to acquire the trade licence and trade certificate, as required.

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

24.11.2023 was pleased to grant the privilege of interim pre-arrest bail to the applicant and pursuant to the said order, the applicant had appeared before the I.O. and he has been cooperating with the investigating agency and therefore, it is submits that the interim order, dated 24.11.2023, may be made absolute, in the same terms and conditions.

¶5On the other hand, Mr. R.J. Baruah, learned Additional Public Prosecutor, Assam, producing the case diary before this Court, submits that the applicant had appeared before the I.O. and his statement is also recorded, but he has not submitted some documents as asked the by I.O. till date.

¶6At this point, Ms. Som, learned counsel for the applicant submits that the applicant is ready to the documents as required by the I.O.

¶7Having 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. Baruah, learned Additional P.P.

¶8In view of the submission of learned Advocates of both the parties and also in view of the fact that the applicant has been cooperating with the investigating agency and undertakes to produce the documents as required by the I.O., this Court is inclined to dispose of this application by making the interim order dated 24.11.2023 absolute, in the Page No.# 3/3 same terms and conditions. Case diary be returned.

¶9In terms of above, this anticipatory bail application stands disposed of. Comparing Assistant Sd/- Robin Phukan JUDGE

Page No.# 1/3 GAHC010254562023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3878/2023 DHARMENDRA PRASAD SAH S/O- BHAYAL PRASAD SAH, RESIDENT OF LANKA SHILLONGONI ROAD, DISTRICT- HOJAI, PIN- 782446, PO LANKA, PS LANKA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR Advocate for the Petitioner : MS. T SOM Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN