In pre-arrest bail application under Section 438 CrPC, petitioners sought protection in cheating case involving Assam Rifles job offer. Court held case diary contained sufficient incriminating materials and rejected the prayer for anticipatory bail.
Prayer for pre-arrest anticipatory bail stands rejected; bail application disposed of.
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GAHC010065352019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 904/2019
1:AKAN BAPU
S/O MAFIJUR RAHMAN BAPU, R/O MES COLONY, AZARA (VIP ROAD), P.O. AIRPORT, P.S.-AZARA, GUWAHATI, DIST-KAMRUP(M), ASSAM
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. A C BURAGOHAIN
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
20-06-2019
Heard Mr. H. Buragohain, learned counsel for the petitioner and Mr. H. Sarma, learned Additional Public Prosecutor, Assam for the State.
By this application under Section 438 CrPC, the petitioner namely, Akan Bapu, is seeking pre arrest bail in Nalbari P.S. Case No.472/2018 corresponding to G.R. Case No.1019/2018 registered under Sections 120(B)/420/406/471 IPC, re-registered as Azara P.S. Case No. 533/2018 corresponding to G.R. Case No. 11535/2018 registered under Sections 120(B)/420/406/471 IPC apprehending his arrest in said case.
The allegation against the petitioner in the FIR dated 06.07.2018 is that he took money
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from the informant amounting to Rs.3,55,000/- to provide him a job in Assam Rifles, Shillong. After receiving the said amount, the petitioner issued an appointment letter to the informant and with the same, though the informant went to Shillong to join Assam Rifles at Shillong, he was not allowed to join the service and thereby the petitioner grabbed the entire amount assuring him to provide him a Government job.
Mr. Sarma, learned Addl. Public Prosecutor of the State from the up-to-date case diary submits that the Assam Rifles on 18.06.2019 submitted a detailed report that no such appointment order have ever been issued by the Assam Rifles in the name of the petitioner.
As the case diary contains sufficient incriminating materials against the petitioner with regard to his involvement in the said criminal case, this Court is of the view that he is entitled for any anticipatory bail in said Azara P.S. Case No. 533/2018 and accordingly, the prayer for pre arrest bail of the petitioner stands rejected.
Return the case diary.
Bail application stands disposed of.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether pre-arrest anticipatory bail under Section 438 CrPC should be granted in a case involving allegations of cheating and forgery.
Whether the sufficiency of incriminating materials in the case diary warrants rejection of the bail application.
Whether the lack of issuance of appointment order by Assam Rifles affects the grant of anticipatory bail.
3 provisions across 2 enactments
Akan Bapu
State of Assam
Manash Ranjan Pathak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
