Paresh Talukdar and 5 Ors. Vs the State of Assam — Cheating and Forgery | Gauhati HC (2025)

Paresh Talukdar and 5 Ors. Vs the State of Assam — Cheating and Forgery | Gauhati HC (2025)

What the court decided

AI extract

Outcome

Pre-arrest bail granted to all six petitioners in Mukalmua P.S. Case No. 243/2024; interim bail of 16.09.2024 made absolute subject to the terms of the order dated 16.09.2024 and the additional conditions in paras 8-9 (territorial restriction to Mukalmua police station jurisdiction, no hampering of investigation/tampering with evidence, no criminal activities), with automatic vacatur on violation; application stands disposed of and the case diary returned.

Issue for consideration

Whether the petitioners, apprehending arrest in Mukalmua Police Station Case No. 243/2024 (Ss. 318(4)/303(2)/351(2)/3(5) BNS, 2023), are entitled to pre-arrest bail under section 482 BNSS, 2023.

Court's answer

Considering the materials in the case diary, the Court found that custodial detention of all six petitioners is not warranted for investigation of Mukalmua Police Station Case No. 243/2024.

Ratio / Principle

The pre-arrest bail application of the petitioners in Mukalmua P.S. Case No. 243/2024 is accepted, and the interim bail granted on 16.09.2024 is made absolute, subject to compliance of the terms and conditions specified in the order dated 16.09.2024 and the additional conditions imposed.

Key takeaways

Bail conditions imposed: (i) the petitioners shall not leave the territorial jurisdiction of Mukalmua police station without obtaining prior written permission from the concerned Investigating Officer; (ii) shall not hamper with the investigation or tamper with the evidence of the case; and (iii) shall not involve themselves in any criminal activities in future.ratio¶29
Any violation by any petitioner of the aforesaid conditions, or of the terms and conditions specified in the order dated 16.09.2024, shall cause the pre-arrest bail granted in Mukalmua P.S. Case No. 243/2024 to stand automatically vacated.ratio¶34

Detailed headnote1 paragraphs

Anticipatory bail (S. 482 BNSS, 2023) - Paresh Talukdar and five others, residents of Damdama Pathar, P.S. Mukalmua, Dist. Nalbari, apprehending arrest in Mukalmua P.S. Case No. 243/2024 (Ss. 318(4)/303(2)/351(2)/3(5) BNS, 2023; G.R. No. 793/2024), were granted pre-arrest bail. Interim bail had been granted on 16.09.2024, pursuant to which the petitioners appeared before the Investigating Officer and their statements were recorded. The case diary indicated that the complainant and others had forcefully obtained petitioner No. 1's signature pertaining to sale of his land and locked him in the house of one Bilal Master, and that the remaining petitioners had gone there to recover him while he was held captive. Considering these materials, the Court held that custodial detention of the petitioners was not warranted for investigation, accepted the pre-arrest bail application and made the interim bail of 16.09.2024 absolute, subject to the terms of that order and further conditions: (i) not to leave the territorial jurisdiction of P.S. Mukalmua without prior written permission of the Investigating Officer; (ii) not to hamper the investigation or tamper with evidence; (iii) not to involve themselves in criminal activities - any violation entailing automatic vacatur of the bail. Application disposed of; case diary returned.

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GAHC010185502024

2025:GAU-AS:2397

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

Case No. : AB/2446/2024

PARESH TALUKDAR AND 5 ORS. S/O PRABIN TALUKDAR VILL AND P.O. DAMDAMA PATHAR P.S. MUKALMUA DIST. NALBARI, ASSAM

2: JAYANTA TALUKDAR S/O MANJU TALUKDAR VILL AND P.O. DAMDAMA PATHAR P.S. MUKALMUA DIST. NALBARI ASSAM

3: SANEK TALUKDAR S/O HARICHARAN TALUKDAR VILL AND P.O. DAMDAMA PATHAR P.S. MUKALMUA DIST. NALBARI ASSAM

4: PRABIN TALUKDAR S/O RAJU TALUKDAR VILL AND P.O. DAMDAMA PATHAR P.S. MUKALMUA DIST. NALBARI ASSAM

5: RINKU TALUKDAR S/O JAGGYA TALUKDAR VILL AND P.O. DAMDAMA PATHAR P.S. MUKALMUA DIST. NALBARI ASSAM

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6: PULOK HALOI S/O HAREN HALOI VILL AND P.O. DAMDAMA PATHAR P.S. MUKALMUA DIST. NALBARI ASSA VERSUS

THE STATE OF ASSAM REPRESENTED BY THE PP, GOVT. OF ASSAM

Advocate for the Petitioner : MR. R GOSWAMI, MS S DAS,MS N DEVI

Advocate for the Respondent : PP, ASSAM,

BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK

ORDER

06.03.2025

Heard Mr. R Goswami, learned counsel for the petitioners and Mr. B Sharma, learned Additional Public Prosecutor, Assam for the State.

2. Apprehending their arrest, the petitioners, namely, ( i ) Paresh Talukdar, son of Prabin Talukdar, ( ii ) Jayanta Talukdar, son of Manju Talukdar, ( iii ) Sanek Talukdar, son of Haricharan Talukdar, ( iv ) Prabin Talukdar, son of Raju Talukdar, ( v ) Rinku Talukdar , son of Jaggya Talukdar and ( vi ) Pulok Haloi, son of Haren Haloi, all residents of village-Damdama Pathar, Police Station-Mukalmua, District-Nalbari have filed this application on 06.09.2024 under section 482 BNSS, 2023, seeking their pre arrest bail in Mukalmua Police Station Case No. 243/2024 under Sections 318(4)/303(2)/351(2)/ 3(5) of BNS, 2023, corresponding to G.R. No. 793/2024.

3. The Court by order dated 16.09.2024 granted interim bail to the petitioners, pursuant to which they appeared before the concerned Investigating Officer of the case

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and their statements have been recorded.

4. Perused the case diary placed before the Court today by Mr. B Sharma, learned APP, Assam.

5. Case diary indicates that the petitioner No. 1 got a proposal from the complainant, but one Bilal Master stated that he will take the petitioner No. 1’s land for an Educational Institute and for that when he went to the house of said Bilal Master the complainant along with other people forcefully obtained his signature pertaining to selling of his land and was locked in the house of said Bilal Master by the complainant and his other colleagues. In that backdrop, the other petitioners went to the house of said Bilal Master to recover him who was held captive in the said house.

6. Considering such materials in the case diary, the Court is of the view that custodial detention of the petitioners, namely, ( i ) Paresh Talukdar, ( ii ) Jayanta Talukdar, ( iii ) Sanek Talukdar, ( iv ) Prabin Talukdar, ( v ) Rinku Talukdar and ( vi ) Pulok Haloi, are not warranted for investigation of said Mukalmua Police Station Case No. 243/2024.

7. As such, this pre-arrest bail application of the petitioners in said Mukalmua P.S. Case No. 243/2024 is accepted.

8. Accordingly, the interim bail granted to the petitioners on 16.09.2024 in said Mukalmua P.S. Case No. 243/2024 is hereby made absolute, subject to the compliance of the terms and conditions as specified in the said order dated 16.09.2024 and also on compliance of the conditions that the petitioners -

i) shall not leave the territorial jurisdiction of the Mukalmua police station, without obtaining prior written permission from the concerned Investigating Officer of the case;

ii) shall not hamper with the investigation, or tamper with the evidence of the case and;

iii) shall not involve themselves in any criminal activities in future.

9. Any violation of the aforesaid terms and conditions as well as the terms and conditions as specified in the order dated 16.09.2024, noted above, by any of the petitioners; the pre-arrest bail granted to them in said Mukalmua P.S. Case No. 243/2024

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shall stand automatically vacated.

10. This pre-arrest bail application accordingly stands disposed of.

11. Return the case diary herewith.

JUDGE

Comparing Assistant