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2016 DIGILAW 926 (GAU)

Gokul Baishya v. State of Assam

2016-10-14

AJIT SINGH

body2016
Ms. Farida Begum, learned counsel for the applicant. Mr. Kumud Konwar, learned Additional Public Prosecutor, Assam for the respondent. This is an application filed under Section 438 of the Code of Criminal Procedure for grant of pre-arrest bail on behalf of the applicant – Sri Gokul Baishya. The applicant is apprehending his arrest for an offence under Section 3(1) of the Prevention of Damage to Public Property Act, 1984 registered at Police Station Nalbari vide Case No. 588/2016. According to the prosecution case, the applicant has damaged 56 feet of concrete wall which was constructed in front of his house. In the first information report, only suspicion is attributed against him because earlier he had threatened to damage the wall. No one has really seen the applicant damaging the wall. It is argued on behalf of the applicant that he is innocent and has been falsely implicated. On due consideration of the facts and circumstances of the case, I deem it proper to grant anticipatory bail to the applicant. It is, accordingly, directed that in the event of arrest of the applicant in connection with the aforesaid case, he be released on anticipatory bail on his furnishing a bail bond of Rs.25,000/- with one surety of the like amount to the satisfaction of the arresting authority. The applicant is also directed not to create hurdle in the construction of wall in question. It is made clear that any action on the part of applicant against construction of wall will be a good ground for cancellation of his bail. With the above direction, the anticipatory bail application is allowed.