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2019 Supreme(Gau) 767
IN THE HIGH COURT OF GAUHATI
Ajai Lamba, J.
Ariful Islam - Appellant
Vs.
State of Assam - Respondent
Bail Application No. 3584 of 2019
Decided On : 15-11-2019
S.H. Sikdar, Adv., M.N. Khan, Adv., H. Sarma, Adv.
The court considered the lack of specific accusation against the applicant and the absence of connecting the applicant with the crime in granting bail.
Headnote:
Bail - Allegation of Fraud - The court allowed the bail application under Section 439 of the Code of Criminal Procedure, 1973 in a case involving allegations of inciting the victim with false promises of a job in the Water Resource Department. The court considered the lack of specific accusation against the applicant in the forwarding report and the absence of connecting the applicant with the crime, and granted bail with specific conditions.
Fact of the Case:
The applicant filed a bail application under Section 439 of the Code of Criminal Procedure, 1973 in a case involving allegations of taking Rs.9 lakhs on the pretext of inciting the victim with a job in the Water Resource Department.
Finding of the Court:
The court allowed the bail application considering the peculiar facts and circumstances of the case, the lack of specific accusation against the applicant in the forwarding report, and the absence of connecting the applicant with the crime.
Issues: Allegation of fraud, lack of specific accusation against the applicant, peculiar facts and circumstances of the case.
Ratio Decidendi: The court considered the lack of specific accusation against the applicant in the forwarding report and the absence of connecting the applicant with the crime, and granted bail with specific conditions.
Final Decision: The court allowed the bail application and directed the accused-applicant to be released on bail in connection with the case on furnishing bail bond in the sum of Rs.10,000/-, with specific conditions.
JUDGMENT :
Ajai Lamba, J.
Heard learned counsel for the applicant and learned counsel for the prosecution.
2. Sri Ariful Islam has preferred this application for bail under Section 439 of the Code of Criminal Procedure, 1973 in Hatigaon P.S. Case No.647/2019 under Section 120(b)/406/420/468 of Indian Panel Code.
3. As per the FIR at issue, there is an allegation that five persons, including the applicant, took Rs.9 lakhs on the pretext of inciting the victim of getting a job in the Water Recourse Department.
So far as the forwarding report is concerned, there is no specific accusation against the applicant. The forwarding report does not indicate whether it was the applicant who forged the letters of appointment.
4. Considering the peculiar facts and circumstances of the case and the fact that relevant particulars have not been given connecting the applicant with the crime, the application is allowed.
5. Accordingly, the accused-applicant named above, shall be released on bail in connection with the aforesaid case on furnishing bail bond in the sum of Rs.10,000/-, with a suitable surety of the like amount, to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (Metro).
6. The direction for bail is further subject to the conditions that the accused applicant :
(a) shall not leave the territorial jurisdiction of learned Chief Judicial Magistrate, Kamrup (Metro), without prior written permission from him;
(b) shall not hamper with the investigation, or tamper with the evidence of the case; and
(c) 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.
7. The application is allowed in the above noted terms.
8. Anything said here in this order be not construed as finding of facts. The observations made herein are only in regard to grant of bail.
