Gauhati High Court
Drone Kanta Das@ Duran Kr. Das vs The State Of Assam A on 14 December, 2023
Author: Parthivjyoti Saikia
Bench: Parthivjyoti Saikia
Page No.# 1/2
GAHC010241692023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/3633/2023
DRONE KANTA DAS@ DURAN KR. DAS
S/O MAJEN CHANDRA DAS
VILL- BARBARI BENGGALI
P.S. CHABUA
DIST. DIBRUGARH, ASSAM
VERSUS
THE STATE OF ASSAM A
BEING P REP. BY THE LD. PP, GOVT OF ASSAM
Advocate for the Petitioner : MR. A R SHOME
Advocate for the Respondent : PP, ASSAM
BEFORE
HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
14.12.2023 Heard Mr. B. Pushilal, learned counsel assisted by Ms. M.G. Biswas, learned counsel for the petitioner and also heard Mr. M.P. Goswami, learned Additional Public Prosecutor, Assam, appearing for the State respondent.
This is an application under Section 438 of the Cr.P.C. praying for grant of pre- arrest bail to the petitioner, namely, Drone Kanta Das @ Duran Kr. Das, who has been apprehending arrest in connection with Chabua P.S. Case No.90/2023 under Section Page No.# 2/2 120(B)/406/420 and added Section 409/465 of the Indian Penal Code.
The petitioner is a 70% physically disabled person working as a Field Officer in a Public Sector Bank. It is alleged by four persons that they applied for KCC loan from the bank and with his help two persons, namely, Daulat Chetia and Lombeswar Gogoi have misappropriated the money. As a result of which the applicants did not received the loan amount.
In the initial stage of the case, where the notice under Section 41A of the Cr.P.C. was issued, the petitioner had appeared before the Investigating Officer and had cooperated with the investigation. Subsequently, during investigation police found some incriminating materials against him.
This Court is of the opinion that considering his physical disability, the materials which are collected against him do not tally with each other.
Therefore, this Court is of opinion that the petitioner does not deserve to be detained in custody. His pre-arrest bail application is allowed.
It is hereby directed that in the event of arrest of the petitioner, namely, Drone Kanta Das @ Duran Kr. Das, in connection with Chabua P.S. Case No.90/2023 under Section 120(B)/406/420 and added Section 409/465 of the Indian Penal Code, he shall released on pre-arrest bail on furnishing a bond of ` 25,000/- with one surety of the like amount to the satisfaction of the arresting authority.
In view of above, the anticipatory bail application stands disposed of.
Case diary shall be returned.
Sd/- Parthivjyoti Saikia JUDGE Comparing Assistant