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2018 Supreme(Gau) 1141

IN THE HIGH COURT OF GAUHATI
HITESH KUMAR SARMA, J.
Sumeswar Das @ Bhulong - Appellant
Versus
State of Assam - Respondent
Anticipatory Bail Application No. 2094 of 2018
Decided On : 16-08-2018

Advocates Appeared:
M.A. Laskar, Adv.

The potential impact on national interest and the purpose of preparing the Adhar Card are crucial factors in deciding pre-arrest bail applications.

Headnote:

Pre-arrest Bail - Adhar Card Fraud - The court rejected the anticipatory bail application of the accused-petitioner based on the potential impact on national interest and the purpose of preparing the Adhar Card.

Fact of the Case:

The accused-petitioner filed for pre-arrest bail in connection with a case involving fraudulent preparation of an Adhar Card.

Finding of the Court:

The court rejected the anticipatory bail application, citing the potential impact on national interest and the purpose of preparing the Adhar Card.

Issues: Pre-arrest bail application under Section 438 of the Cr.PC.

Ratio Decidendi: The court considered the potential impact on national interest and the purpose of preparing the Adhar Card in rejecting the anticipatory bail application.

Final Decision: The anticipatory bail application was rejected, and the petition was disposed of.

JUDGMENT :

HITESH KUMAR SARMA, J.

1. Heard Mr. M.A. Laskar, learned counsel for the accused-petitioner as well as Mr. M.P. Goswami, learned Additional Public Prosecutor, appearing for the State of Assam.

2. This is an application, filed under Section 438 of the Cr.PC. seeking prearrest bail of the accused-petitioner, namely, 1. Sri Sumeswar Das @ Bhulong, in connection with Raha PS Case No. 102/2018 registered under Sections 494/406/420/ 474/120(B)/34 of the IPC.

3. Perused the petition as well as the annexures furnished therewith. Also perused the case diary produced before this court.

4. It appears from the materials in the case diary that one Nurul Amin got a Adhar Card prepared showing his name as Sanjib Roy and this Adhar Card was provided to him by the present accused petitioner. Such action on the part of the accused petitioner, if believed, has a tendency to affect the national interest and frustrate the whole purpose of preparing the Adhar Card. That being so, this is not a fit case to grant the privilege of pre-arrest bail.

5. The anticipatory bail application is rejected.

6. The petition stands disposed of.

7. Return the case diary.

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