RAMEN DEKA S/O LATE LAKHI RAM DEKA v. STATE OF ASSAM
2022-01-21
AJIT BORTHAKUR
body2022
DigiLaw.ai
JUDGMENT : Ajit Borthakur, J. 1. Heard Mr. J.I. Borbhuiya, learned counsel for the petitioner. Also heard P. Borthakur, learned Addl. Public Prosecutor, Assam appearing for the State respondent. 2. This petition under Section 438 Cr.P.C. is filed for granting the privilege of pre-arrest bail to the petitioner, namely Sri Ramen Deka, apprehending arrest in connection with Mangoldoi P.S. Case No. 524/2020 registered u/s 420/468/471/294/307 of the IPC. 3. The up-to-date Case diary, as called for, is not received. 4. The brief fact of the case is that one Sri Ramen Deka came to the house of the informant and stated that if the petitioner wants to do business with him then he can submit tender for Ramhari Weekly Market. Accordingly, Ramen Deka asked for the land documents having the signature of the petitioner's mother for submitting tender. It is stated that Sri Ramen Deka took the signature of the informant's mother on some papers. It is, however, stated that Ramen Deka did not get the tender for Ramhari weekly market. Further allegation is to the effect that Sri Ramen Deka submitted tender papers for Mangaldoi Municipality Market (2018-2019) having signatures of the informant and his mother. On 13.05.2019, the informant's mother received a notice from the Municipality Board directing to deposit a fees amounting to Rs. 4,71,100/-. 5. After enquiry, the informant came to know that Sri Ramen Deka in order to obtain tender of Mangaldoi Weekly Market submitted documents with the name and forged signatures of the informant and his mother. It is stated that Ramen Deka, however, confessed about his act and promised to pay the fees due to the Municipality Board. But till date, no fees have been paid. On 07.10.2020 when the informant approached the petitioner for the money, he was scolded with slang language and a dao was thrown at him with the intention to assault him. 6. It may be mentioned that by order, dated 12.01.2021, this Court granted the privilege of interim pre-arrest bail to the petitioner subject to conditions. 7. Mr.
On 07.10.2020 when the informant approached the petitioner for the money, he was scolded with slang language and a dao was thrown at him with the intention to assault him. 6. It may be mentioned that by order, dated 12.01.2021, this Court granted the privilege of interim pre-arrest bail to the petitioner subject to conditions. 7. Mr. Borbhuiya, learned counsel for the petitioner referring to the averments made in an additional affidavit sworn on behalf of the petitioner submits that after 2/3 days of grant of interim pre-arrest bail by this Court vide order dated 12.01.2021, the petitioner appeared before the Investigating Officer of the Mangaldoi Police Station but the other police personnel of the police station informed that the Investigating Officer of the case was on leave on that day. The petitioner, after 2 days went to the police station for his appearance before the Investigating Officer who received the certified copy of the interim pre-arrest bail order dated 12.01.2021, on which date, the petitioner was directed to appear again as and when required by the Investigating Officer. 8. However, the petitioner was not called by the Investigating Officer and hence, the petitioner did not appear before the Investigating Officer. 9. In view of the above, this Court finds that custodial interrogation of the petitioner may not be necessary in the interest of the ongoing investigation into the case. 10. Accordingly, the interim pre-arrest bail granted vide order, dated 12.01.2021 is hereby made absolute, subject to the following conditions: (i) That the petitioner shall co-operate in investigation as and when required; and (ii) That 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. 11. This disposes off the anticipatory bail application.