Dismissed

Arijit Saikia and Anr. v. the State of Assam

Gauhati HC16 Nov 2022AB/2336/2022

Case brief

AI extract

What is this about?

The Gauhati High Court dismissed a pre-arrest bail application filed by two accused persons under section 438 Cr.P.C. The court dismissed the plea as it was not a fit case for granting bail, noting sufficient incriminating materials in the case diary and the risk of misdirecting the ongoing investigation.

What did the court decide?

The pre-arrest bail application was dismissed and the earlier interim order was vacated.

Arijit Saikia and Anr. Vs the State of Assam — Cheating and Forgery | Gauhati HC (2022)

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Page No.# 1/4

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GAHC010165052022

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

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Case No. : AB/2336/2022

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ARIJIT SAIKIA AND ANR SON OF LATE BIJIT SAIKIA R/O HOUSE NO. 3, 18TH EAST BYLANE SUNDERPUR, P.S. DISPUR, DIST. KAMRUP (METRO), GUWAHATI- 781005, ASSAM

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2: MANASHREE DAS SAIKIA D/O KAMAL CHANDRA DAS W/O ARIJIT SAIKIA R/O HOUSE NO. 3 18TH EAST BYLANE SUNDERPUR P.S. DISPUR GUWAHATI- 781005 DIST. KAMRUP (METRO) ASSA

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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. A M BORA

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Advocate for the Respondent : PP, ASSAM

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Page No.# 2/4

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BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN

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ORDER

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Date : 16-11-2022

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Heard Mr. AM Bora, learned senior counsel for the applicant assisted by Mr. MS Hussain. Mr. BB Gogoi, learned Addl. PP, appearing for the State respondent assisted by Mr. P Mahanta, learned counsel for the informant.

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This application under section 438 Cr.P.C is preferred by accused Arijit Saikia and Manashree Das Saikia, who have been apprehending arrest in connection with Dispur PS Case No.1336/2022, registered under sections 120(B)/409/406/467 /468/471/419/420 IPC, for grant of pre arrest bail.

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The said case been registered on the basis of an FIR lodged by one Dhritiman Saikia on 02.06.2022, to the effect that accused Arijit Saikia and his wife Manashree Das Saikia have forged his and his father’s signature and prepared fake documents and produced the same before the Assam Gramin Vikash Bank, Ganeshguri branch Guwahati and fraudulently taken loan for a sum of Rs.25,00,000/- in the name of M/S DS Enterprise, of which the informant is the proprietor and therefore failed to return the loan amount to the said bank.

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Mr. AM Bora, learned senior counsel for the applicant submits that pursuant to order of this Court dated 22.08.2022, the applicants have appeared before the IO and their statements have been recorded and they have been cooperating with the investigating

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Page No.# 3/4

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agency and that the present case has been lodged as a counter blast of the case lodged on 28.09.2021 by the applicant No.1 and that the applicants are no way involved with the offence alleged in the FIR and they are ready to cooperate with the investigating agency and therefore, it is contended to allow this petition.

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On the other hand, Mr. BB Gogoi, learned Addl. PP has produced the case diary before this court and submits that the I.O has collected sufficient incriminating materials against both the applicants and therefore, Mr. Gogoi contended to dismiss the petition.

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Assisting the learned Addl. PP, Mr. P Mahanta, learned counsel appearing on behalf of the informant submits that the informant has submitted affidavit in objection here in this case, and further submits that the documents submitted by the applicants are not at all relevant to decide the entitlement of pre arrest bail under section 438 Cr.P.C and they have been misleading the courts and managed to get interim protection under section 438 Cr.P.C vide order dated 22.08.2022, and forging the signature of the informant the applicants have managed to get loan from the Assam Gramin Bikash Bank in the name of the informant and they have failed to repay the same and therefore Mr. Mahanta contended to dismiss the petition.

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Having heard the submission of learned advocates for both the sides, I have carefully gone through the petition and the documents placed on record. The materials, collected so far in the case diary, reveals complicity of both the applicants with the offence alleged in the FIR and the investigation is still going on and material evidences yet to be collected and extending the privilege of pre arrest bail to the

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applicants at this stage will misdirect the investigation. Therefore, this Court is of the view that this is not a fit case for granting the privilege of pre arrest bail to the applicants.

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Accordingly the pre arrest bail application stands dismissed. The interim order passed earlier stands vacated.

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JUDGE

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Comparing Assistant

Arijit Saikia and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Arijit Saikia and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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