Gauhati High Court
Ramen Deka vs The State Of Assam on 12 January, 2021
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/3
GAHC010002232021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/59/2021
RAMEN DEKA
S/O LATE LAKHI RAM DEKA, R/O VILL-RAMHARI, P.S.-MANGALDOI, DIST-
DARRANG, ASSAM
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. J I BORBHUIYA
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
12.01.2021 Heard Mr. J.I. Borbhuiya, learned counsel for the petitioner and Mr. T.K. Misra, learned Additional Public Prosecutor for the respondent, State of Assam.
2. By this application under Section 438, Code of Criminal Procedure, 1973 (CrPC), the petitioner viz. Ramen Deka has approached this Court seeking the benefit of pre-arrest bail, apprehending his arrest in connection with Mangaldoi Police Station Case no. 524/2020 Page No.# 2/3 registered for offences under Sections 420/468/471/294/307, Indian Penal Code (IPC).
3. The First Information Report (FIR) registered on 08.10.2020, the informant has, inter alia, alleged that the Mangaldoi Municipal Market was settled on the basis of a tender submitted by the petitioner. A notice was received by the informant on 13.05.2019 from the Municipal Board in the name of his mother wherein a demand was made to his mother to deposit an amount of Rs. 4,71,100/- towards dues of the market. Allegation is made that the petitioner had forged some documents in order to obtain settlement of the market but after obtaining the settlement, the petitioner did not deposit the dues to the Municipal Board. It is further alleged that on 07.10.2020, an incident had occurred wherein the petitioner tried to assault the informant.
4. It has been submitted on behalf of the petitioner that the market was settled by the Municipal Board in the name of the mother of the informant and the same was operated jointly by the petitioner, the informant and a third person. Responsibility was on the settlement holder to deposit the market dues and the petitioner had discharged his obligations under the arrangements duly.
5. Let the case be posted on 19.02.2021 to enable the learned Additional Public Prosecutor to produce the case diary.
6. Upon due consideration of the accusations made in the FIR and the projections made on behalf of the petitioner, it is provided, in the interim, that in the event of arrest of the petitioner in connection with Mangaldoi Police Station Case no. 524/2020, he shall be released on bail on furnishing a bail bond of Rs. 20,000/- with one local surety of the like amount to the satisfaction of the arresting authority, subject to the conditions that :-
[1] the petitioner shall appear before the Investigating Officer of Mangaldoi Police Station Case no. 524/2020 before Mangaldai Police Station within 10 (ten) days from today and shall co-operate with the further investigation of the case;
[2] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any witness 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 Page No.# 3/3 [3] the petitioner shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police.
List the case accordingly on 19.02.2021.
JUDGE Comparing Assistant