Keshaab Teli and 3 Ors v. The State of Assam

ORDER

08.05.2024

Heard Mr. R.A. Choudhury, learned counsel for the applicants and Mr. B.B. Gogoi, learned Additional Public Prosecutor for the State respondent.

¶2Apprehending arrest in connection with the Nilambazar P.S. Case No. 158/2023, under Sections 120[B]/420/409/379/411 of the IPC read with Section 7 of the E.C. Act, this application under Section 438 of the Code of Criminal Procedure, 1973, is preferred by applicants namely, Keshab Teli; Suman Kanti Das @ Sumon Kanti Das; Subud Sharma @ Subuth Sharma; and Kamala Kanta Ghose @ Kamlu Kt. Ghush for grant of pre-arrest bail.

¶3The said case has been registered on the basis of one F.I.R. lodged by SI Dipjyoti Malakar, on 17.09.2023. The essence of allegation made in the FIR is that one Ramyanshu Bhattacharjee; Angchu Dutta; Nokib Ahmed Choudhury; Abdul Hannan; Ashutos Nath; Moloi Chandra; Keshab Teli; Sumon Kanti Das; Mrinal Singha; Subuth Sarma; Kamlu Kanta Ghose; Samiran Biswas, are involved in misappropriation of the PDS rice allotted to the Gandhai Brahmansahan Co-Operative Society, located at Lalpool near FCI Godown, under Nilambazar Police Station and the informant along with this team seized 140 numbers of rice bag and intercepted one Truck, bearing registration No. NL-01-K-9743, from the premises of the aforesaid co-operative society and another 22 Page No.# 3/3 numbers of bag were also seized which were found in a Magic goods carrier vehicle, bearing registration No. AS-10-AC-7745, which was stationed in the front of the godown.

¶4Mr. Choudhury, learned counsel for the applicants submits that this Court was pleased to grant the privilege of interim pre-arrest bail to the applicants, vide order dated 11.01.2024, and pursuant to the said order, the applicants had appeared before the IO and extending cooperation with the investigating agency and therefore, it is contended to make the interim order dated 11.01.2024, absolute in the same terms and conditions.

¶5On the other hand, Mr. Gogoi, learned Additional Public Prosecutor submits that he has not received the case diary, but he has received instruction that the I.O. has already completed investigation and laid Charge-Sheet against the applicants, vide Charge-Sheet No. 44/2024, under Sections 120[B]/420/409/379/411 of the IPC read with Section 7 of the E.C. Act, dated

31.03.2024.

¶6In view of above, this Court is inclined to dispose of this anticipatory application by directing the applicants to appear before the learned court below on or before 24.05.2024, and to apply for regular bail and in event of filing such an application, the learned Court below shall consider the same in accordance with law.

¶7Till then, the interim order dated 11.01.2024, stands extended.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010265592023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/3985/2023o KESHAABoTELIoANDo3oORSo S/O-oLATEoBHAGARATIoTELI.o VILLoANDoP.O-oPROMODEoNAGARoTE,o P.S-oNILAMBAZAR,oDIST-oKARIMGANJ,o PIN-788722 2:oSUMANoKANTIoDASo@oSUMONoKANTIoDAS oS/O-oJYOTIRMOYoDASo.o VILLoANDoP.O-oBRAHMANSASHAN oP.S-oNILAMBAZAR oDIST-oKARIMGANJ oPIN-788722 3:oSUBUDoSHARMAo@oSUBUDHoSHARMA oS/O-oLATEoDAYAMAYoSHARMA.o VILLoANDoP.O-oBRAHMANSASHAN oP.S-oNILAMBAZAR oDIST-oKARIMGANJ oPIN-788722 4:oKAMALAoKANTAoGHOSEo@oKAMLUoKToGHUSH oS/O-oLATEoKAMAKHYAoGHOSEo VILLo-oNAYAGRAM oP.O-oRAMANIoKRISHNAoTE oP.S-oNILAMBAZAR oDIST-oKARIMGANJ oPIN-78872o VERSUSo THEoSTATEoOFoASSAMo REP.oBYoPP,oASSAM Page No.# 2/3 Advocate for the Petitioner : MR. R A CHOUDHURY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN