Gauhati High Court
Page No.# 1/4 vs The State Of Assam on 1 September, 2022
Page No.# 1/4
GAHC010174212022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2498/2022
JALANDHAR KUMAR SINGH @ JALANDHAR KUMAR @ JALANDHAR
SINGH AND 4 ORS
S/O RAMBRIKSH SINGH
R/O MURAUWATPUR
WARD NO. 3, MAHNAR
P.O. MURAUWATPUR
P.S. DESRI
DIST. VAISHALI, BIHAR,
PIN-844506
2: SIBANI DAS
W/O SUBLA DAS
R/O ASRAM BASTI
AMSING
JORABAT
AMSING NC
P.O. SATGAON
P.S. SATGAON
DIST. KAMRUP (M)
ASSAM
PIN-781027
3: TRILOK KUMAR SINGH @ TRILOK SINGH
S/O RAM BRIKSH SINGH
R/O MURAUWATPUR
WARD NO. 3
MAHNAR
P.O. MURAUWATPUR
P.S. DESRI
DIST. VAISHALI
BIHAR
PIN-844506
4: JITENDRA KUMAR SINGH@ JITU SINGH
Page No.# 2/4
S/O RAMBRIKSH SINGH
R/O MURAUWATPUR
WARD NO. 3
MAHNAR
P.O. MURAUWATPUR
P.S. DESRI
DIST. VAISHALI
BIHAR
PIN-844506
5: ARJUN KUMAR SINGH @ ARJUN SINGH
S/O RAMBRIKSH SINGH
R/O MURAUWATPUR
WARD NO. 3
MAHNAR
P.O. MURAUWATPUR
P.S. DESRI
DIST. VAISHALI
BIHAR
PIN-84450
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR N N UPADHYAYA
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
01-09-2022 Heard Mr. N. N. Upadhaya, learned counsel for the applicants and also heard Mr. P. Borthakur, learned Addl. Public Prosecutor for the State respondent.
Apprehending arrest in connection with Satgaon P. S. Case No. 83/2022, corresponding to GR Case No. 4858/2022 under Sections 406/420/506 of IPC, this application under Section 438 of Cr.P.C, is preferred by accused/applicants, namely, 1. Jalandhar Kumar Singh @ Jalandhar Kumar @ Jalandhar Singh, 2.
Page No.# 3/4 Sibani Das, 3. Trilok Kumar Singh @ Trilok Singh, 4. Jitendra Kumar Singh @ Jitu Singh and 5. Arjun Kumar Singh @ Arjun Singh for grant of pre-arrest bail.
It is to be noted here that the said case has been registered on the basis of an FIR lodged by one Rahul Kumar Roy, Ajay Kumar Ray and Ranjan Kumar on 04.06.2022 to the effect that while they were preparing for FCI Group-C examination in the year 2019, one Shivani Das by giving the reference of Mr. Jalandhar Singh, informed that she could help them in getting the said job and took them to Bihar and got them introduced with the said Jalandhar Singh. It is stated to them that for the purpose of the said job, an amount of Rs.15,00,000/- would be required, and accordingly, an amount of Rs. 6,00,000/- by Rahul Kumar Roy, an amount of Rs. 6,00,000/- by Ajay Kumar Ray and an amount of Rs.3,00,000/- by Ranjan Kumar Roy was paid since the year 2019 to June, 2020 in the hand of Mr. Jalandhar Singh. Since, no job has been offered to them by Mr. Jalandhar Singh they requested him to return their money, but no money has been returned to them. After that, they visited the house of Jalandhar Singh situated at Bihar where they have been threatened by Jalandhar Singh's brother, namely, Trilok Singh, Jitu Singh, Arjun Singh. When they tried to inform the happenings of the incident to Shivani Das ,she threatened them.
Mr. Upadhaya, learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated here in this case, and the case is registered under Sections 406/420/506 IPC. The offence under Section 506 IPC which is made against Trilok Singh, Jitu Singh, Arjun Singh is bailable and therefore, Mr. Upadhaya, learned counsel contended to allow this petition.
On the other hand, Mr. P. Borthakur, learned Additional Public Prosecutor has opposed the petition and insisted to, call for the case diary.
Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record, it is provided that case diary be called for, fixing 13.09.2022 and having regard to the nature of Page No.# 4/4 accusation and the punishment prescribed for the same, this Court is inclined to extend interim protection to the applicants, namely, 3. Trilok Kumar Singh @ Trilok Singh, 4. Jitendra Kumar Singh @ Jitu Singh and 5. Arjun Kumar Singh @ Arjun Singh and it is provided that in the event of arrest of the aforesaid three applicants they shall be enlarged on interim pre-arrest bail on their executing a bond of Rs. 10,000/- (Rupees Ten thousand) each only with one surety of like amount to the satisfaction of the arresting authority.
The above privilege is, however, subject to the following conditions:
(i) that the applicants shall make himself available for interrogation by the Investigating Officer as and when required;
(ii) that the applicants shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and
(iii) that the applicants shall not leave the jurisdiction of the learned Chief Judicial Magistrate, Kamrup (M), without prior permission.
Having regard to the submissions of learned Advocates of both sides and considering the facts and circumstances of the record, this Court is not inclined to extend interim protection to the applicants, namely, 1. Jalandhar Kumar Singh @ Jalandhar Kumar @ Jalandhar Singh, 2. Sibani Das at this stage.
JUDGE Comparing Assistant