Dhruba Jyoti Das vs The State Of Assam on 11 November, 2020

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Gauhati High Court

Dhruba Jyoti Das vs The State Of Assam on 11 November, 2020

Bench: Hitesh Kumar Sarma

                                                                                           Page No.# 1/2

GAHC010156492020




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

                                       Case No. : AB/3182/2020

             DHRUBA JYOTI DAS
             S/O SRI HITESH DAS, R/O VILL-CHUKUNIAPARA, P.S.-BOKO, DIST-
             KAMRUP, ASSAM, PIN-781135



             VERSUS

             THE STATE OF ASSAM
             REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

Advocate for the Petitioner     : MR. P K DAS

Advocate for the Respondent : PP, ASSAM

                                    BEFORE
                   HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                                ORDER

11-11-2020 This is an application made under Section 438 Cr.P.C., seeking pre-arrest bail by the petitioner, namely, Dhruba Jyoti Das, in connection with Boko Police Station Case No. 1057 of 2020 , registered under Sections 465/372/371/373 of the IPC.

I have perused the petition including the copy of the FIR and the documents annexed therewith. Heard Mr. B.K. Mahajan, learned counsel and Mr. P.K. Das, learned counsel appearing for the petitioner and Ms. A. Begum, learned Additional Public Prosecutor.

It appears from the contents of the FIR that the allegation against the petitioner is that he had used the official seal of the Panchayat concerned in certain documents. However, the investigating agency has registered a case under Sections 465/372/371/373 of the IPC.

Page No.# 2/2 It appears to this Court that Sections 372/371/373 of the IPC are even not remotely connected with the offences alleged in the FIR.

That being so, call for the case diary and a report from the Investigating Police Officer as to what for the case has been registered, inter alia, under Sections 371/372/373 of the IPC. List the matter on 02-12-2020. Till then, in the interim, it is provided that in the event of arrest of the petitioner above named, in connection with the case aforementioned, he shall be released on furnishing bail bond of Rs.15,000/-, with a suitable surety of the like amount, to the satisfaction of arresting authority.

The direction for pre-arrest bail is subject to the conditions that the petitioner:

(a) shall appear before the Investigating of concerned Police Station, within seven days from today and shall co-operate with the investigation;

(b) shall not hamper with the investigation, or tamper with the evidence of the case;

(c) 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.

A copy of this order be furnished to Ms. Begum, learned Additional Public Prosecutor during the course of the day.

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