Khulakpam Anush Khan @ Anush Khan v. State Of Assam
2020-02-11
MIR ALFAZ ALI
body2020
DigiLaw.ai
JUDGMENT 1. By this application, filed under Section 438 of the Cr.PC , the accused-petitioner, namely, Khulakpam Anush Khan @ Anush Khan has prayed for pre-arrest bail apprehending arrest in connection with Khetri P.S. Case No. 45/2019 under Section 379/411 IPC. 2. Heard Mr. N. Dubey, learned counsel for the petitioner as well as Mr. Y.K. Misra, learned Additional Public Prosecutor, appearing for the State of Assam. 3. Perused the FIR and the documents annexed with the petition and also the case diary produced today. 4. The allegation made in the FIR lodged by the police officer was that an information was received in the Police Station that a vehicle has been parked at the N.H. 37 near Kalimandir under Khetri Police Station. The police came to the place and found the vehicle in abandoned condition, which was seized and taken to the Police Station. 5. Learned counsel for the petitioner submits that the petitioner purchased the said vehicle from one Jahangir, who purchased the same from auction sale, however, the vehicle was not delivered. When the petitioner enquired about the vehicle, said Jahangir told that the vehicle is under the custody of Khetri Police Station. Thereafter, the petitioner went to the police station and came to know that the vehicle has been seized. 6. Case diary transpires that the registered owner of the vehicle is one Sikhar Das. Case diary also does not reflect any incriminating material against the petitioner justifying his custodial interrogation in the interest of investigation and as such the prayer for pre-arrest bail deserves to be allowed. Accordingly, it is provided that in the event of arrest of the petitioner, he shall be released on furnishing a bail bond of Rs. 20,000/- with one suitable surety of the like amount to the satisfaction of the arresting authority. The pre-arrest bail is subject to the following conditions. 1. The petitioner shall appear before the Investigating Officer within 15 days and co-operate with the investigation and henceforth, till completion of the investigation, he will appear before the Investigating Officer once in a month. 2. The petitioner 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. Bail application is disposed of. Return the case diary.