Gauhati High Court
Page No.# 1/4 vs The State Of Assam on 22 November, 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
Page No.# 2/4
PIN-844506
4: JITENDRA KUMAR SINGH@ JITU SINGH
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
Page No.# 3/4 BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND 22.11.2022 Heard Mr. N.N. Upadhaya, learned counsel for the petitioners as well as Mr. P. Borthakur, learned Addl. P.P. appearing for the State respondent.
The petitioners, namely, Jalandhar Kumar Singh @ Jalandhar Kumar @ Jalandhar Singh, Sibani Das, Trilok Kumar Singh @ Trilok Singh, Jitendra Kumar Singh @ Jitu Singh and Arjun Kumar Singh @ Arjun Singh have filed an application under Section 438 Cr.P.C. with prayer for pre-arrest bail as they are apprehending arrest in connection with Satgaon P.S. Case No. 83/2022, corresponding to G.R. Case No. 4858/2022 under Sections 406/420/506.
An FIR has been lodged by Rahul Kumar Roy, Ajay Kumar Ray and Ranjan Kumar, which unfolds that on 04.06.2022, while they were preparing for FCI Group-C examination in the year 2019, one Sibani Das by stating that Mr. Jalandhar Singh, and she could help them in procuring the said job, took them to Bihar and got them introduced with said Jalandhar Singh. It was 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 between 2019 to 2020 in favour of Jalandhar Singh. Since, no job had been offered to them by Jalandhar Singh, they requested him to return their money, but no money has been returned to them. After that, they visted the house of Jaladhar Singh situated at Bihar where they have been threatened by Jaladhar Singh's brother, namely Trilok Singh, Jitu Singh, Arjun Singh. When they tried to inform Sibani Das about the threats, she threatened them in return.
It is submitted that all the petitioners except Jitendra Kumar Singh were given the privilege of interim bail but Jitendra Kumar Singh was not granted interim bail. It is also submitted on behalf of the petitioners Trilok Kumar Singh @ Trilok Singh, Jitendra Kumar Singh @ Jitu Singh and Arjun Kumar Singh that the allegation against them does not came under section 406 or 420 IPC.
Page No.# 4/4 Learned Addl. P.P. has raised serious objection.
The petitioners who are on interim bail have not appeared before the I/O and they have not co-operated with the investigation. Notice under Section 41A Cr.P.C has been issued against the petitioners but they have not appeared before the I/O. The statement of petitioner no. 2, Sibani Das has been recorded by the I/O. There are cogent materials against the petitioner, namely, Jalandhar Kumar Singh, the other petitioners. Except Sibani Das, other petitioners have not co-operated with the investigation.
Considering the allegations against the petitioners, Trilok Kumar Singh @ Trilok Singh, Jitendra Kumar Singh @ Jitu Singh and Arjun Kumar Singh and the allegation of the role played by them, the order dated 01.09.2022 granting interim bail to Trilok Kumar Singh @ Trilok Singh, Jitendra Kumar Singh @ Jitu Singh and Arjun Kumar Singh is hereby made absolute. The petitioner no. 2, Sibani Das statement has been recorded by the I/O, the order granting interim bail to Sibani Das is hereby made absolute. Jalandhar Kumar Singh @ Jitendra Kumar Singh @ Jitu Singh appears to be a flight risk. The investigation may be adversely affected if he is admitted to bail. He has also not co-operated with the investigation. I have considered the role allegedly played by him. There appears to be no justified ground to extend the privilege of anticipatory bail to Jitendra Kumar Singh @ Jitu Singh and his petition under Section 438 is rejected. The other petitioners are directed to appear before the I/O within 7(seven) days and co-operates with the investigation. They are directed not to exercise threats to the witnesses or tamper with the evidence. They are directed to refrain from such activities with which they are alleged.
On violation of any of the bail conditions, their bail order will be cancelled.
Accordingly, this petition stands disposed of.
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JUDGE Comparing Assistant