Single judge application for pre-arrest bail under Section 438 CrPC was allowed as the petitioner cooperated with the police investigation. Batter of Rs. 25,000 with one surety fixed.
Pre-arrest bail allowed; petitioner to be released on bail of Rs. 25,000 with one surety upon arrest.
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GAHC010008932023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/136/2023
LOHIT GOGOI S/O SRI ARUN GOGOI R/O VILL- UDAIPUR P.O. AND P.S. TINGKHONG DIST. DIBRUGARH, ASSAM PIN-786612
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. P K DAS
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 06.02.2023
Heard Mr. P. K. Das, learned counsel representing the petitioner as well as Mr. K. K. Parasar, learned Additional Public Prosecutor, Assam.
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By this application filed under Section 438 CrPC the petitioner, namely, Lohit Gogoi has prayed for pre-arrest bail in connection with Dibrugarh P. S. Case no. 1763/2019 under Sections 120(B)/468/420/471 of the IPC.
The petitioner was a Deputy Manager of Dibrugarh Branch, HDFC Bank Limited. Many persons applied for loan and their loans were sanctioned. Now the bank says that those borrowers furnished false documents and got the loans.
The petitioner says that as usually he dependant upon the empanelled lawyers of the bank and on their recommendations, he approved the documents for giving loans.
In response to a notice under section 41 of the CrPC the petitioner has appeared before the IO and cooperated with the police investigation.
In-spite of that, the IO has reported that sufficient incriminating materials against the petitioner has been collected.
I have considered the submissions made by the learned counsel for both sides.
The petitioner has cooperated with the police investigation. Therefore, he does not deserve to be detained in the custody and his prayer for pre-arrest bail is allowed.
It is hereby directed that in the event of arrest in connection with Dibrugarh P. S. Case no. 1763/2019, the petitioner, namely, Lohit Gogoi shall be released on bail of Rs. 25,000/- with one surety of like amount to the satisfaction of the arresting authority.
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The petitioner shall co-operate with the Investigating Authority as and when called for.
With the aforesaid directions, the bail application is disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioner, who cooperated with police investigation, deserves pre-arrest bail.
Whether the pre-arrest bail application under Section 438 CrPC should be allowed.
2 provisions across 2 enactments
Lohit Gogoi
The State of Assam Rep. by the PP, Assam
Parthivjyoti Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
