Allowed

Rakesh Dudharia v. the State of Assam

Gauhati HC16 Aug 2022AB/107/2022

Case brief

AI extract

What is this about?

This matter involves an anticipatory bail application filed under Section 438 CrPC by a Chartered Accountant apprehending arrest in connection with a Lala P.S. case under Sections 379 and 411 IPC. The court granted anticipatory bail, making an interim order absolute, citing the prosecution's failure to produce the Case Diary after previous opportunities were given.

What did the court decide?

Interim order dated 11.01.2022 made absolute, granting anticipatory bail to the applicant.

Rakesh Dudharia Vs the State of Assam — Anticipatory Bail | Gauhati HC (2022)

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GAHC010005692022

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB/107/2022

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RAKESH DUDHARIA

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SON OF LATE SUBHAKARAN DUDHARIA, R/O FLAT NO. C 701, ASTHA PRESTIGE, FATASHIL, GUWAHATI-781009

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VERSUS

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THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. R DUBEY

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN

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ORDER

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16.08.2022

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Heard Mr. R. Dubey, learned counsel for the applicant and also heard Mr. K.K. Parashar, learned Additional Public Prosecutor for the State respondent.

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Apprehending arrest in connection with Lala P.S. Case No.800/2021, under Section 379.411 IPC, this application under Section 438 of the Cr.P.C. has

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preferred by the applicant, namely, Rakesh Dudharia, for grant of pre-arrest bail.

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It is to be noted here that the said case has been registered on the basis of an FIR lodged by one Nirmal Kumar Deb, I.C., Abdullapur P.P. on 29.11.2021 to the effect that on that day at about 11:30 p.m. on receipt of information about storage of huge numbers of Betel Nut (Burmese) suspected to be stolen kept at Bishnupur in the godown of Tilak Chand Surana, they have conducted search and found 265 numbers of gunny bags of Betel Nut (Burmese) in the godown of Tilak Chand Surana and 1303 numbers of gunny bags of Betel Nut (Burmese) in the godown of Prodip Kumar Surana, which are suspected to be stolen and the same were duly seized by preparing Seizure List.

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Mr. Dubey, learned counsel for the applicant submits that the petitioner is a Chartered Accountant and he has audited the accounts and the documents which were placed before him and he is no way entangled with the offence alleging in the FIR and that the prosecution side has been given sufficient opportunities to produce the Case Diary before this Court and last opportunity was given vide order dated 22.07.2022 and despite the prosecution side has failed to furnish the Case Diary before this Court, and accordingly, it is contended to allow the petition and to make the interim order dated 11.01.2022, absolute in the same terms and conditions.

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On the other hand, Mr. K.K. Parashar, learned Additional Public Prosecutor submits that as the petitioner is on interim bail, the prosecution side may be given another chance to produce the Case Diary before this Court.

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However, in view of the order dated 22.07.2022, this Court finds no just ground to give another chance to the prosecution side and accordingly having

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perused the petition and the documents placed on record and also considering the submissions, so advanced by the learned Advocates of both the sides, this Court is inclined to make the interim order dated 11.01.2022 absolute in the said terms and conditions.

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In terms of the above, anticipatory bail application stands disposed of.

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JUDGE

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Comparing Assistant

Rakesh Dudharia v. the State of Assam

Case brief

What is this about?

What did the court decide?

Rakesh Dudharia v. the State of Assam

Case brief

What is this about?

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