The Gauhati High Court allowed an anticipatory bail application filed by an advocate accused of conspiracy in procuring a fake IMFL license, making the interim order absolute subject to conditions of cooperation.
The petition for anticipatory bail is allowed and the interim order dated 10.06.2022 is made absolute with the same conditions.
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GAHC010113902022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1596/2022
CHINTU KALITA S/O KIRAN CH. KALITA R/O VILL- NO. 2 ZIAKUR P.S. CHHAYGAON DIST. KAMRUP ASSAM PIN-781134
VERSUS THE STATE OF ASSAM REP. BY THE LD. PP, ASSAM
Advocate for the Petitioner : MR H R A CHOUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
05-08-2022
Heard Shri H.R.A. Choudhury, learned Senior Counsel for the applicant, namely, Shri Chintu Kalita, who has filed this anticipatory bail application under Section 438 of the Cr.PC praying for pre-arrest bail in connection with Chhaygaon PS Case No. 385/2022 registered under Section 406/420/468 of the IPC.
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This Court while calling for the Case Diary vide order dated 10.06.2022 had granted interim protection to the petitioner pursuant to which he had appeared before the I.O.
The learned Senior Counsel has submitted that the role of the petitioner who is an advocate is only confined to drafting some deeds on behalf of the informant and the petitioner had nothing to do with the subsequent acts by which a fake IMFL License was procured.
Ms. N. Das, learned Addl. Public Prosecutor, Assam by producing the Case Diary has submitted that there are materials to suggest that the petitioner was in connivance in the process of obtaining a fake IMFL license.
Considering the aforesaid facts and circumstances and also taking into account the limited role of the petitioner, this Court is of the view that the present petition deserves to be allowed.
Accordingly, the petition stands allowed and the interim order dated 10.06.2022 is made absolute with the same conditions.
The petitioner is however directed to continue to render full cooperation to the investigation / prosecution and not to indulge in any activities detrimental to the same.
The bail application accordingly stands disposed of.
Case Diary returned herewith.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether to grant anticipatory bail to an advocate accused of drafting deeds in a fake IMFL license case.
1 provisions across 1 enactments
Chintu Kalita
The State of Assam
Sanjay Kumar Medhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
