This is an anticipatory bail application under Section 438 Cr.P.C. regarding a FIR in a civil dispute between partners. The court held that since statements were recorded and the nature was civil, the interim bail order was confirmed.
The order dated 14.03.2023 granting interim pre-arrest bail is made absolute.
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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GAHC010053872023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/874/2023
NABAJIT DEKA AND ANR S/O THANESHWAR DEKA R/O VILL- DAGAON P.S. RANGIA DIST. KAMRUP (R), ASSAM, PIN-781380
2: AKRAM RAJA S/O SALAUDDIN AHMED R/O EAST MALIGAON RAILWAY COLONY RAILWAY QUARTER NO. 194D P.S. JALUKBARI GUWAHATI DIST.KAMRUP (M) ASSAM PIN-78101
VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR S H SIKDAR
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
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06.04.2023
Heard Mr. S. H. Sikdar, learned counsel appearing for the applicants. Also heard Mr. K. K. Das, learned Additional P.P., Assam appearing for the State, who has produced the Case Diary.
This application has been filed under Section 438 Cr.P.C. seeking pre-arrest bail apprehending arrest in connection with Bharalumukh P.S. Case No.73/2023 registered under Sections 406/420/468/471/34 of the IPC.
By order dated 14.03.2023, this Court had granted interim pre-arrest bail to the applicants on the conditions mentioned therein.
Mr. Sikdar submits that this is purely a civil dispute amongst the partners of a firm and the statements of the accused persons/applicants have already been recorded. Mr. K. K. Das, learned Addl. P.P., Assam has also confirmed that the statements of the accused persons have already been recorded.
In view of the above and taking note of the nature of allegations raised in the
F.I.R., I am of the considered opinion that there is no justifiable ground for this Court to modify the order dated 14.03.2023, by means of which, the applicants were granted interim pre-arrest bail. The order dated 14.03.2023 is accordingly made absolute.
The Anticipatory Bail Application stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the interim anticipatory bail order granted on 14.03.2023 be confirmed and made absolute.
1 provisions across 1 enactments
Nabajit Deka and Ors
State of Assam Rep. by the PP, Assam
Suman Shyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
