In a petition for pre-arrest bail under Section 438 CrPC regarding an FIR for cheating and criminal breach of trust, the Gauhati High Court rejected the plea.
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
GAHC010170452021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
AB/3124/2021
ARUP SARMAH SON OF LATE ADYA NATH SARMA OF VILLAGE BORGAON P.O. BIHDIA P.S. BAIHATA CHARIALI
DIST. KAMRUP ASSAM PIN-781381
VERSUS
THE STATE OF ASSAM REP. BY THE PP ASSAM
-----------Advocate for : MR B P BORAH Advocate for : PP ASSAM appearing for THE STATE OF ASSAM
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:: BEFORE ::
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
01.11.2021
By filing this petition under Section 438 of the CrPC, the petitioner, namely- Arup Sarmah has sought for pre-arrest bail in connection with Noonmati P.S. Case No.603/2021, registered under Section 406/420 IPC.
Heard learned counsel for both sides and also perused the Case Diary as well as the documents so annexed.
Informant in the FIR alleged that the petitioner took one motor cycle bearing Registration No.AS-01, BV 9489 on rental basis on 10.09.2021, but the same was not returned nor rent was paid. The accused person is habituated in lifting the vehicle in a fraud manner. There is sufficient complicity of the petitioner with the offence alleged.
Taking note of all above, this Court is not inclined to grant the privilege of interim pre-arrest bail and the same accordingly stands rejected.
Return the Case Diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner is entitled to pre-arrest bail under Section 438 CrPC in a case involving alleged fraud regarding rental motorcycle.
2 provisions across 2 enactments
Arup Sarmah
The State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
