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2020 DIGILAW 396 (GAU)

Milap Chand Bothra v. State Of Assam

2020-03-16

MIR ALFAZ ALI

body2020
JUDGMENT 1. By this application u/s 438 Cr.P.C., the petitioner, namely, Sri Milap Chand Bothra has prayed for pre-arrest bail apprehending arrest in connection with Panbazar P.S. Case No. 20/2020 under Sections 420/406 IPC. 2. Heard Mr. B.K. Mahajan, learned counsel for the petitioner and Mr. H.K. Sarma, learned Addl. Public Prosecutor for the State. Also perused the FIR and the documents annexed therewith as well as the case diary produced today. 3. Allegation made in the FIR was that a self-help group has been formed by the petitioner and the members of the self-help group have been depositing Rs. 15,000/- for two years and eventually a total deposited amount of Rs. 36 lakhs have been collected by the petitioner from the ten members of the group. However, the petitioner did not returned the said money, though it was alleged to be in his custody. The case diary does not reflect any cogent material to support the accusation. 4. Having considered the materials in the case diary and the nature of accusation, this Court is of the view that there is no necessity of custodial interrogation of the petitioner in the present case, and as such, the prayer for pre-arrest deserves to be allowed. Accordingly, it is provided that in the event of arrest of the petitioner in connection with the aforementioned case, he shall be released on bail of Rs. 20,000/- with a solvent surety of like amount to the satisfaction to the arresting authority. This pre-arrest bail shall be subject to the following conditions :- i) The petitioner shall appear before the investigating officer within 15 days and co-operate with the investigation. (ii) 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. 5. Send down the case diary. AB stand disposed of.