Partly allowed

Tousief Ahmed v. the State of Assam

Gauhati HC10 Dec 2018AB/2894/2018

Case brief

AI extract

What is this about?

The Gauhati High Court converted interim pre-arrest bail to absolute bail for the petitioner in a case involving alleged breach of trust and cheating, finding custodial interrogation unwarranted after reviewing case materials.

What did the court decide?

Interim pre-arrest bail granted on 17.09.2018 was made absolute subject to specified conditions regarding tampering and cooperation.

Tousief Ahmed Vs the State of Assam — Bail and Remand | Gauhati HC (2018)

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Page No.# 1/2

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GAHC010208122018

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB 2894/2018

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1:TOUSIEF AHMED S/O TAZUDDIN AHMED R/O BAMUNIMAIDAN HOUSE NO. 8A, PIYOLI PHOOKAN NAGAR, P.O. BAMUNIMAIDAN, P.S. CHANDMARI DIST. KAMRUP (M), ASSAM, PIN - 781021. VERSUS 1:THE STATE OF ASSAM THROUGH THE PP, ASSAM

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Advocate for the Petitioner : MR R CHAKRAVORTY Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR ORDER

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Date : 10-12-2018

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Heard Mr. R. Chakravorty, learned counsel for the petitioner and Mr. N. Dutta, learned Addl. Public Prosecutor, Assam.

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By this petition under Section 438 of the Cr.P.C., the petitioner, namely, Mr. Tousief Ahmed has prayed for grant of pre-arrest bail apprehending his arrest in connection with Basistha P.S. Case No. 1155/2018 under Sections 120B/408/420/468/471 of the IPC.

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Be, it mentioned here that, by an order, dated 17.09.2018, the petitioner, aforementioned, was granted the privilege of interim pre-arrest bail subject to certain conditions.

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Mr. Chakravorty, learned counsel for the petitioner submits that the petitioner is the Sales Executive of Mercedes-Benz dealership at Guwahati Axom Motors and the

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Branch Head, namely, L. K. Mahanta had lodged the false and fabricated F.I.R., on 10.09.2018, with the Officer-in-Charge of Basistha Police Station alleging of misappropriation of 11,00,000/- (Eleven Lakhs) and a Toyota Fortuner vehicle against which he handed over a cheque which was subsequently dishonoured by the bank.

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Mr. Dutta, learned Addl. Public Prosecutor submits that the Case Diary reveals allegation of payment of Rs.10,00,000/- (Ten Lakhs) by a cheque and payment of Rs.1,00,000/- (One Lakh) in cash and accordingly, the Fortuner vehicle was handed over. There is no prima facie evidence to show that any cheque was issued in favour of the firm, subject to further investigation in this regard. The aforesaid vehicle is yet to be recovered and seized. Mr. Dutta, learned Addl. PP, submits that the said vehicle was handed over to another person other than the present petitioner.

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Having considered the above facts and circumstances as submitted and upon scrutiny of the Case Diary, this Court finds that custodial interrogation of the petitioner may not be warranted. Therefore, the interim pre-arrest bail granted vide order, dated 17.09.2018, is hereby made absolute, subject, of course, to the following conditions:-

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(a) that the petitioner shall not directly or indirectly make any inducement threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Police Officer or tamper with the evidence of the case.

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(b) that the petitioner shall co-operate in the investigation of the case, as and when required.

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Return the Case Diary, forthwith.

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JUDGE

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Comparing Assistant

Tousief Ahmed v. the State of Assam

Case brief

What is this about?

What did the court decide?

Tousief Ahmed v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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