Allowed

Kishore Kumar Das v. the State of Assam

Gauhati HC19 Jun 2023AB/1376/2022

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of an application for anticipatory bail under Section 438 Cr.P.C. The petitioner, an elderly person, sought bail in a cheating and conspiracy case. The court noted his cooperation with the investigation. The interim order granting bail was made absolute.

What did the court decide?

The interim order dated 15.07.2022 granting anticipatory bail is made absolute.

Kishore Kumar Das Vs the State of Assam — Anticipatory Bail | Gauhati HC (2023)

¶1

Page No.# 1/2

¶2

GAHC010097352022

¶3

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

¶4

Case No. : AB/1376/2022

¶5

KISHORE KUMAR DAS

¶6

S/O LATE BIRENDRA KISHORE DAS, R/O 1/16, GOPAL BOSE LANE, SINTHEE, KOLKATA, WEST BENGAL, PIN-700050

¶7

VERSUS

¶8

THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

¶9

Advocate for the Petitioner : MR. B S BASUMATARY

¶10

Advocate for the Respondent : PP, ASSAM

¶11

BEFORE

¶12

HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

¶13

ORDER

¶14

Date : 19-06-2023

¶15

1. Heard Mr. R. De, learned counsel for the petitioner Kishore Kumar Das and Mr. R.G. Barua, learned Addl. P.P. for the State of Assam.

¶16

2. By this application under Section 438 of the Code of Criminal Procedure, 1973 [Cr.PC], the petitioner has approached this Court seeking the benefit of pre-arrest bail, apprehending his arrest, in connection with BI(EO) Police Station Case No. 04/2022 under Sections

¶17

Page No.# 2/2

¶18

120(B)/420/406/409 IPC.

¶19

3. Several fraudulent transactions were unearthed during preliminary internal investigation which reveals creation of void mortgages, irregularities in the documentation, misappropriation of funds from the loan account, conspiracies to defraud the Bank etc., all perpetrated by Md. Fidusur Rahman, Proprietor of M/s Chandrapur Rural Ware House. A Term Loan of Rs. 300.00 Lacs was sanctioned on 23.03.2012. The personal guarantors for Md. Fidusur Rahman also created equitable mortgages of their individual landed properties. Due to non-repayment of loan and during the currency of the loan and after the loan account was classified as NPA, on 31.03.2014 the Bank has initiated recovery proceeding under the provisions of the SARFAESI Act.

¶20

4. It is submitted by the learned Addl. P.P. that the Case Diary reveals that several inconsistencies regarding the sanction, transaction and creation of security were detected. The conduct of the guarantors as well as bank employees also came under cloud.

¶21

5. The learned counsel for the petitioner has submitted that the petitioner has cooperated with the investigation. His statement has already been recorded.

¶22

6. I have perused the Case Dairy. There are indeed incriminating materials against the present petitioner. I have considered the age of the petitioner. He is a retired person. He has co-operated with the investigation and has not violated bail conditions.

¶23

7. In view of my foregoing discussions, the interim order dated 15.07.2022 is hereby made absolute.

¶24

JUDGE

¶25

Comparing Assistant

Kishore Kumar Das v. the State of Assam

Case brief

What is this about?

What did the court decide?

Kishore Kumar Das 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

Kodar Ali and Anr. Vs the State of Assam

Shibaji Nath Vs the State of Assam and Anr.

Raja Ali and Anr. Vs the State of Assam

Raja Kumar and Anr. Vs the State of Assam

Faijal Hoque and 2 Ors. Vs the State of Assam

Abdul Jolil Sk and Anr. Vs the State of Assam