Application for pre-arrest bail under Section 438 Cr.P.C. allowed in case of cheating, fraud, and extortion. Court held custodial interrogation not warranted despite allegations of blackmail threats.
Pre-arrest bail granted with security of Rs. 20,000 to appear before the Investigating Officer within 15 days.
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GAHC010001662018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 31/2018
1:DIPALI MAHANTA
D/O. LT. INDRESHWAR MAHANTA, VILL. AFARAKHAT, P.O. GHAHIGAON, P.S. GOHPUR, DIST. BISWANATH, ASSAM
VERSUS
1:THE STATE OF ASSAM, GUWAHATI
Advocate for the Petitioner : MR. K A MAZUMDER
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 02-02-2018
This is an application u/s 438 of Cr.P.C. for granting pre-arrest bail to the
accusedpetitioner, Dipali Mahanta in connection with Nagaon P.S Case No. 2720/2017, u/s 420/406/506 of IPC.
Heard both sides. Perused the record and the case diary.
The petitioner is the Managing Directior of Rawnague Multi Trade Pvt. Ltd, and it is alleged by the Branch Manager of the said company that the petitioner used to collect lots of money from the youths in the name of proving employment but due to her refusal on subsequent period to fulfil her promise, those youths have made demand for their
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employment. It is alleged in the FIR that instead of fulfilling her promise, she now tried to black mail the petitioner by giving threatening of Suicide.
On consideration of the case diary, it transpires that none of the said youths has come up to complain all about the collection of money by the present petitioner and it is the allegation of the informant, that now all those persons claim employment from him. That being so, it appears that custodial interrogation of the accused person is not warranted. Accordingly, accused-petitioner, Dipali Mahanta is allowed to go on pre prearrest bail of Rs. 20,000/- with a surety of like amount in the event of her arrest to the satisfaction of arresting authority in connection with aforementioned case, with a direction to appear before the Investigating Officer within 15 days & to co-operate with the investigation.
Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether pre-arrest bail should be granted to the accused petitioner in connection with offences of cheating and criminal breach of trust.
2 provisions across 2 enactments
Dipali Mahanta
The State of Assam, Guwahati
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
