High Court dismissed an application for pre-arrest bail under Section 438 CrPC. The applicant faced charges of cheating for submitting false documents regarding TET exam results. The court held that sufficient incriminating material existed and bail would misdirect investigation.
Pre-arrest bail dismissed; Case diary to be returned.
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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GAHC010161462022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2297/2022
GAYATRI SAIKIA W/O HIMAN JYOTI BORA A RESIDENT OF WARD NO. 3, DHING CHAMUAGAON, P.O. AND P.S. DHING, DIST. NAGAON, ASSAM
VERSUS
THE STATE OF ASSAM TO BE REP. BY THE LEARNED PP, ASSAM
Advocate for the Petitioner : MR A R BHUYAN
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MR. JUSTICE ROBIN PHUKAN ORDER
01.09.2022
Heard Mr A R Bhuyan, learned counsel for the accused/applicant. Also heard K K Parashar, learned Additional Public Prosecutor for the State respondent.
Apprehending arrest in connection with Dispur PS Case No. 3917/2021,
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registered under Sections 420/468/471 of the Indian Penal Code, 1860, this second application under Section 438 of the Code of Criminal Procedure, 1973, is preferred by accused/applicant, namely, Gayatri Saikia, for grant of pre-arrest bail.
The said case has been registered on the basis of one FIR lodged by one Roshni Aparanji Korati, IAS, Mission Director, Sarba Siksha Abhiyan, Assam, on 27.10.2021, to the effect that it has come to their notice that in the appointment process of the year 2020-21, appointment letters were distributed on 05.02.2021 and 10 (ten) candidates had got appointment as SSA Contractual Teacher with doubtful TET Certificate of the year 2019.
Mr A R Bhuyan, learned counsel for the accused/applicant, submits that though the applicant has appeared in the examination, yet, she has not taken appointment letter and that she has not used the pass certificate given to her and besides she is a lady with a minor child and has the burden of looking after her old aged parents and she is ready to cooperate with the Investigating Agency, and, therefore, it is contended to allow the petition.
On the other hand, producing the Case Diary before this Court, Mr K K Parashar, learned Additional Public Prosecutor has submitted that the Investigating Officer has collected sufficient materials in support of the allegations made in the FIR and that the allegations are serious in nature and the materials collected so far, in the Case Diary, reveals that the accused/applicant has failed in the TET examination, but she has given a false pass certificate, wherein, it is shown that she has passed in the examination and that the investigation is at an early stage and the co-accused are yet to be arrested and as such extending the privilege of pre-arrest bail to the accused applicant will mis-direct the investigation and, accordingly, it is contended to dismiss the petition.
Having heard the submission of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the Case
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Diary produced before this Court with the assistance of Mr. K K Parashar, learned Additional Public Prosecutor.
It appears from the Case Diary that the Investigating Officer has collected sufficient incriminating materials in support of the allegations made in the FIR. It also appears in the Case Diary that the accused/applicant has failed in the TET examination, but she has submitted a false pass certificate.
The investigation is going on and the co-accused are yet to be arrested and extending the privilege of pre-arrest bail at this stage will mis-direct the investigation.
Having regards to above, and also having regard to the nature of accusation and the punishment prescribed for the same, as well as the submissions of learned Advocates of both sides, this court is of the view that this is not a fit case where the privilege of pre arrest bail can be extended to the applicant. Accordingly this petition stands dismissed.
Case diary be returned.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether pre-arrest bail should be granted to an applicant accused of submitting a false pass certificate and misrepresenting failure in a TET examination.
Whether granting pre-arrest bail at the investigation stage would misdirect the investigation against co-accused.
2 provisions across 2 enactments
Gayatri Saikia
The State of Assam
Robin Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
