Gauhati High Court
Gangadhar Kalita vs The State Of Assam on 21 January, 2019
Author: Hitesh Kumar Sarma
Bench: Hitesh Kumar Sarma
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GAHC010011282019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 147/2019
1:GANGADHAR KALITA
S/O LATE RAMESWAR KALITA
R/O P.D. CHALIHA ROAD,
SILPUKHURI
GUWAHATI-3, H/NO.110, P.S. CHANDMARI
DIST. KAMRUP (M), ASSAM
VERSUS
1:THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. S K GOSWAMI
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 21-01-2019 This is an application, filed under Section 438 Cr.PC, praying for pre-arrest bail of the petitioner, namely, Mr. Gangadhar Kalita, in connection with Jalukbari PS Case No. 1666/2018 under Sections 406/420 IPC.
Heard Mr. S.K. Goswami, learned counsel for the petitioner as well as Mr. N.J. Dutta, learned Additional Public Prosecutor for the state respondent. Perused the petition as well as the annexures furnished therewith including the agreement entered into by both the parties in respect of use of land involved in this case. The allegation in the FIR itself is violation of terms and conditions of an agreement as he did not construct houses on the land, involved in the agreement, after taking Rs. 4,00,000/- as Page No.# 2/2 an advance. Whatever it may be, the fact remains that the whole issue involved in this case is violation of terms and conditions of the agreement entered into between the informant and the petitioner. That being so, this is not a case where custodial interrogation of the petitioner is necessary, and accordingly, his prayer is allowed. The petitioner shall appear before the investigating police officer within 7 (seven) days from today, and, in the event of his arrest, he shall be released on furnishing a bail bond of Rs. 10,000/- with one suitable surety of the like amount to the satisfaction of the arresting authority, on the following conditions:
(1) The petitioner shall not leave the territorial jurisdiction of the aforesaid police station, without prior written permission from its officer-in- charge, (2) The petitioner shall not hamper with the investigation, or tamper with the evidence of the case, and (3) The petitioner 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.
The petition stands disposed of.
JUDGE Comparing Assistant