Petitioners sought pre-arrest bail under Section 438 CrPC in a case involving cheating and forgery. The court held that custodial detention was not warranted as the matter was settled by the informant. Bail allowed.
Bail petition allowed; interim order made absolute; case diary to be returned forthwith.
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GAHC010073542021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1219/2021
DIBYAJYOTI DEKA AND ANR.
S/O- LT. BHASKAR BALLAV DEKA, R/O- VILL- BHERAKUCHI, P.O. DHOPGURI, P.S. KHETRI, DIST.- KAMRUP (M), ASSAM, PIN- 782403
2: NAYAN MEDHI S/O- LT. KALIRAM MEDHI R/O- VILL- MALIKUCHI P.O. AND P.S. KHETRI DIST.- KAMRUP (M) ASSAM PIN- 78240
VERSUS
THE STATE OF ASSAM REP. BY P.P., ASSAM
Advocate for the Petitioner : MR. A CHAUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
16.12.2021.
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By filing this petition under Section 438 of the CrPC, the two petitioners namely Dibyajyoti Deka and Nayan Medhi have sought for pre-arrest bail in connection with the Jagiroad P.S. Case No.212/2021, registered under Sections 420/468/406 of the IPC.
Heard learned counsel for both sides and perused the record as well as the case diary. On the basis of the documents available in the case diary, the learned Addl. P.P., Assam has submitted that the informant herein has already sworn an affidavit before the I.O., that the case was filed due to misunderstanding and the same has already been settled and as such the informant is not interested to proceed with the case. The matters in the FIR relates to monitory transaction, that occurred in the year 2015. Now the matter has been settled.
Having regard to the matters on record and the contention raised by the informant himself, it transpires that custodial detention of the accused/petitioners is not warranted and accordingly this bail petition stands allowed and the interim order granted earlier is hereby made absolute.
Return back the case diary forthwith.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether pre-arrest bail should be granted in a case involving monetary transaction where the matter was settled by the informant.
1 provisions across 1 enactments
DIBYAJYOTI DEKA AND ANR.
THE STATE OF ASSAM REP. BY P.P., ASSAM
RUMI KUMARI PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
