The Gauhati High Court rejected the petitioner's application for pre-arrest bail under Section 438 CrPC in a cheating case. The court held that prima facie material existed and oral agreements cannot discard the informant's plea.
Prayer for pre-arrest bail rejected; case diary returned.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/2
GAHC010001192018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 27/2018
1:BEDABRATA BURAGOHAIN
S/O- SRI HITENDRANATH BURAGOHAIN, R/O- CHIRING CHAPORI GAON, P.O, P.S AND DIST- DIBRUGARH, ASSAM,
VERSUS
1:THE STATE OF ASSAM GHC, GUWAHATI, ASSAM
Advocate for the Petitioner : MR. R PHUKAN
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 08-02-2018
By this application under Section 438 of the CrPC accused petitioner Bedabrata Buragohain sought pre-arrest bail in connection with Tinsukia PS case 1533/2017 u/s 406/420 of the IPC.
Heard Mr R Phukan, learned counsel for the petitioner as also Mr NK Kalita,
learned additional public prosecutor for the State.
Perused case diary and statement of the witnesses. They said that although
there was no written agreement, on the verbal agreement with the owner of the
vehicle, petitioner took the vehicle in presence of witness Mintu Deuri but did not
Page No.# 2/2
return it. Nor the rent at Rs 70,000 per month is also paid. Prima facie, there is material against petitioner for deceiving the informant and his brother in not returning the vehicle and paying the rent as agreed to. As per law, oral agreement cannot be a ground to discard the plea of informant. In view of all above, the prearrest bail prayer is rejected. Return the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether pre-arrest bail should be granted to the accused in a case alleging cheating on a verbal vehicle agreement?
Whether an oral agreement can invalidate the informant's prima facie case of deception?
1 provisions across 1 enactments
Bedabrata Buragohain
The State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
