Gauhati High Court
Diganta Bordoloi vs The State Of Assam on 7 November, 2022
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/2
GAHC010178932022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2592/2022
DIGANTA BORDOLOI
SON OF LATE GUPAN BORDOLOI
R/O H/NO. 5, NO. 1 SALBARI
NEAR ANGANBADI SCHOOL, NOONMATI, P.S. NOONMATI
DIST. KAMRUP (M), ASSAM
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. U K BARMAN
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
07.11.2022 Heard Mr. R. Konwar, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the respondent State of Assam.
By this application under Section 438, Code of Criminal Procedure, 1973 [CrPC], the petitioner viz. Sri Diganta Bordoloi has approached this Court seeking the benefit of pre-arrest Page No.# 2/2 bail, apprehending his arrest, in connection with Noonmati Police Station Case no. 370/2022 registered under Section 392, Indian Penal Code [IPC].
The First Information Report [FIR] has been lodged on behalf of M/s AVG Logistics Ltd. on 23.08.2022. In the FIR, it has been alleged that when goods containing Zarda and Pan Masala, worth Rs. 78,95,533/-, were being transported in 337 nos. of cartoons from BG Railway Station to the godwon at Betkuchi in the night on 22.08.2022 by a truck bearing registration no. HR-55/P-6901, some unidentified persons came in a car, took control of the truck near Patharkuari petrol pump and forced the driver to sit with them in their car. Thereafter, the driver was taken away in their car to another place and after few hours, the driver was left at a different place. When the driver came back to the place where the truck was intercepted, he found that the truck was empty.
In the course of the investigation, two persons viz. Sri Pranab Das and Sri Dilip Choudhury were arrested on 24.08.2022. In the process of arresting those two accused persons, three trucks loaded with stolen goods [Zarda and Pan Masala] were also recovered and seized.
Mr. Sarma, learned Additional Public Prosecutor who has received the concerned case diary, has submitted that the two arrested accused persons in their statements had clearly implicated the petitioner as the person who led them in the act of robbery. Though the learned counsel for the petitioner has urged that there is no involvement of the petitioner in the said act of robbery, the materials available in the case diary, collected during the investigation carried out so far, go to indicate the involvement of the petitioner in the act of robbery. In such view of the matter, this Court is of the considered view that the benefit of pre-arrest bail under Section 438, CrPC cannot be extended to the petitioner in view of availability of sufficient incriminating materials against him in the case diary. Consequently, the pre-arrest bail application under Section 438, CrPC stands rejected.
JUDGE Comparing Assistant