The Gauhati High Court allowed an anticipatory bail application filed by Lohit Nath under Section 438 Cr.PC regarding a theft case under Sections 457 and 380 IPC. Finding that the case for bail was made out, the court made the interim order absolute.
The anticipatory bail application was allowed and the interim order dated 24.06.2022 was made absolute.
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.
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GAHC010117242022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1654/2022
LOHIT NATH SON OF THANESWAR NATH PERMANENT R/O MALOIBARI SONAPUR, IN THE DIST. OF KAMRUP (METRO), ASSAM, AND PRESENTLY RESIDING AT OPPOSITE SBI IIBM BANCH, NEAR AGILE HOSPITAL, JAYA NAGAR CHARIALI,
P.S. BASISTHA, GUWAHATI- 781028, IN THE DISTRICT OF KAMRUP (METRO), ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. M K BORAH
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
01.08.2022
Heard Shri MK Borah, learned counsel for the applicant, namely, Shri Lohit Nath, who has filed this anticipatory bail application under Section 438 of the Cr.PC praying for pre-arrest bail in connection with Dispur PS Case No. 880/2022 under Sections
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457/380 of the IPC.
It is the case of the applicant that he is the registered owner of a four wheeler of makes Hyundai Xcent CRDI Prime T, bearing Registration No. AS-01/JC-3599. The aforesaid vehicle which was a commercial vehicle was given to one Jabbar Ali after entering into a written agreement. The said vehicle was, however, suspected to have been utilized for an offence for which the aforesaid police case was registered. The FIR was initially lodged at Bhagaduttapur Out Post by one Nabajyoti Deka who was the proprietor of Gumbi Software Pvt. Ltd. situated at Kahilipara alleging that his shop was broken and items were stolen.
Shri Borah, learned counsel for the applicant submits that the applicant is not aware of the actual use of the vehicle and he had simply given the vehicle after an agreement to the person who is the prime accused. The learned counsel further submits that the zimma of the vehicle has, in fact been given to the applicant on being satisfied of his ownership.
Ms. N Das, learned Addl. PP, Assam, however, submits that there is clear indication regarding the use of the vehicle in the commission of the offence. However, the involvement of the present applicant in the said offence cannot be ascertained under the present materials collected and rather, there is a note from the IO from which the involvement of the applicant does not appear to be substantiated.
In view of the aforesaid facts and circumstances, this Court is of the opinion that a case for grant of anticipatory bail is made out.
Accordingly, the instant anticipatory bail application is allowed and the interim order dated 24.06.2022 is hereby made absolute with the same terms and conditions as enumerated in the order dated 24.06.2022.
The applicant is, however, directed to continue to render full cooperation with the investigation of the case and not to indulge in any activities detrimental to the same.
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The bail application stands disposed of.
Return the Case Diary to the learned Addl. PP forthwith.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether anticipatory bail should be granted to the applicant in connection with the offence under Sections 457/380 IPC.
Whether the applicant's cooperation with the investigation is assured before granting bail.
3 provisions across 2 enactments
Lohit Nath
The State of Assam
Sanjay Kumar Medhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
