Gauhati High Court
Abdul Wahab vs The State Of Assam And Anr on 21 February, 2024
Author: Malasri Nandi
Bench: Malasri Nandi
Page No.# 1/3
GAHC010033362024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/410/2024
ABDUL WAHAB
S/O LATE GAFUR ALI
VILL- NO. 3 BHANDARA
P.O. BHANDARA
P.S. MANIKPUR
DIST. BONGAIGAON, ASSAM
PIN-783390
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY THE PP, ASSAM
2:THE OFFICE IN CHARGE MANIKPUR
BONGAIGAON
Advocate for the Petitioner : MS N KALITA
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
21.02.2024 Heard Mr. M. Das, learned counsel for the petitioner. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State.
This is an application filed under Section 438 Cr.P.C., praying for pre-
Page No.# 2/3 arrest bail by the petitioner, namely, Abdul Wahab, in connection with Manikpur P.S. Case No. 201/2023, registered under Section 379 IPC R/W Section 3(2)(a) of PDPP Act.
Call for the case diary.
It is submitted by the learned counsel for the petitioner that the petitioner is running a rice mill in the name of "Manas Rice and Spice Mill" and power connection was given in the said mill and accordingly the petitioner is to pay the requisite fees to the concerned authority. The allegation against the petitioner is that he has manipulated the APDCL meter connected with the rice mill causing loss to the APDCL and they have served electricity bill amounting to Rs.5,52,225 in respect of the said rice mill.
Learned counsel for the petitioner also submits that the petitioner is regularly paying the electricity bill in connection with the said rice mill and in respect of his submission he also produced some recent electricity bill of the rice mill.
On the other hand, Mr. D. P. Goswami, learned Additional Public Prosecutor for the State has submitted that interim prayer of the petitioners may be granted after receipt of the case diary.
I have considered the submissions made by the learned counsel for the parties.
Considering the submissions made by the learned counsel for the parties as well as the averments made in the petition, this Court is of the view that till a final decision is taken on perusal of the case diary, the petitioners above-named Page No.# 3/3 is granted the interim protection till the next date fixed.
Accordingly, it is provided that in the event of arrest of the petitioner, named above, in connection with Manikpur P.S. Case No. 201/2023, registered under Section 379 IPC R/W Section 3(2)(a) of PDPP Act, he shall be released on furnishing bail bond of Rs.10,000/- with a suitable surety of the like amount, to the satisfaction of the arresting authority.
The direction for pre-arrest bail is subject to the conditions that the petitioner:
(a) shall appear before the Investigating Police Officer within ten days from today and shall co-operate with the investigation;
(b) 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.
List on 21.03.2024 for production of case diary.
JUDGE Comparing Assistant