Dismissed

Mukta Kalita @ Mukta Ram Kalita v. the State of Assam

Gauhati HC1 Sept 2022AB/2342/2022

Case brief

AI extract

What is this about?

This petition sought anticipatory bail under Section 438 Cr.P.C. in a forgery case. The Gauhati High Court dismissed the application, holding that ongoing investigation at a crucial stage, the applicant being the prime accused with sufficient incriminating material, and the need for custodial interrogation made it unfit for pre-arrest bail.

What did the court decide?

The petition for pre-arrest bail stands dismissed.

Mukta Kalita @ Mukta Ram Kalita Vs the State of Assam — Cheating and Forgery | Gauhati HC (2022)

¶1

Page No.# 1/3

¶2

GAHC010161352022

¶3

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

¶4

Case No. : AB/2342/2022

¶5

MUKTA KALITA @ MUKTA RAM KALITA S/O LATE PADO RAM KALITA PERMANENT RESIDENT OF VILL- KALJURI P.O. KHOIRABARI P.S. SIPAJHAR PIN - 784522 DIST. DARRANG, ASSAM

¶6

VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM

¶7

Advocate for the Petitioner : MR. U K BARMAN

¶8

Advocate for the Respondent : PP, ASSAM

¶9

BEFORE

¶10

HON’BLE MR. JUSTICE ROBIN PHUKAN

¶11

ORDER

¶12

01.09.2022

¶13

Heard Mr. U.K. Barman, learned counsel for the applicant and also heard Mr. P. Borthakur, learned Addl. P.P. for the State of Assam.

¶14

Page No.# 2/3

¶15

This application, under Section 438 of Cr.P.C., is preferred by applicant namely- Shri Mukta Kalita @ Mukta Ram Kalita, who has been apprehending arrest in connection with Sipajhar P.S. Case No. 276/202, under section 420/468/471 IPC, for grant of pre-arrest bail.

¶16

The said case has been registered on the basis of one complaint lodged by Circle Officer, Harisinga Revenue Block on 06.05.2022, to the effect that a forged Land Holding Certificate has come to his notice, which was issued in the name of Shri Goran Kachari and 3 others for a schedule land in Jabangapathar, under Harisinga Revenue Circle, wherein all the signatures and the Office Seal was found to be forged and even the File number and the Certified Copy is also found to be forged. And during enquiry one Bokul Boro has stated that one Shri Mukta Kalita has given the said Certificate to him on payment of Rs. 200/ to him.

¶17

Mr. U.K. Barman, learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated herein this case and that he is ready to co-operate with the investigating agency, and therefore, it is contended to extend the privilege of pre-arrest bail to the applicant.

¶18

On the other hand, Mr. P. Borthakur, learned Addl. P.P., has opposed the petition and producing the case diary before this court submits that the Investigating Officer has collected sufficient materials against the applicant and that the allegation is serious in nature and therefore, it is contended to dismiss the petition.

¶19

Page No.# 3/3

¶20

Having heard the submissions of the learned counsels of both sides, I have carefully perused the petition and the documents placed on record and also perused the case diary with the assistance of Mr. Borthakur, and I find the followings:-

¶21

(i) The investigation is going on and attained at a crucial stage, and extending the privilege of pre-arrest bail to the applicant will misdirect the investigation,

¶22

(ii) The applicant is the prime accused and the I.O. has collected sufficient incriminating materials in case diary against him,

¶23

(iii) Custodial interrogation of the applicant seems to be necessary to unearth the conspiracy angle,

¶24

Having regards to above, and also having regards to the nature of accusation and the punishment prescribed for the same, as well as the submission 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.

¶25

In terms of above this A.B. stands disposed of.

¶26

Return the case diary.

¶27

JUDGE

¶28

Comparing Assistant

Mukta Kalita @ Mukta Ram Kalita v. the State of Assam

Case brief

What is this about?

What did the court decide?

Mukta Kalita @ Mukta Ram Kalita v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rukiya Begam Vs Jul Hussain

Sobahanul Islam Choudhary Vs the State of Assam

Indrajit Bordoloi and 2 Ors. Vs the State of Assam

Safir Alom Laskar Vs the State of Assam

Rajdeep @ Rajdip Bhuyan Vs the State of Assam

Gayatri Saikia Vs the State of Assam