The court granted interim pre-arrest bail, emphasizing the need for balancing the accused's rights with the interests of justice, particularly in light of family responsibilities and absence of direct allegations.

Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482 - Indian Penal Code, 1860 - Sections 468, 420, 406 - Pre-arrest bail - Petitioner apprehending arrest in a case involving cheating and fraud - Allegations made by informant regarding the accused's involvement in transferring funds - Petitioner contends no direct allegations against him and is the sole breadwinner for his family. (Paras 1, 3, 6)

(B) Bail - Conditions for granting pre-arrest bail - Consideration of the petitioner's role and the necessity for his presence during investigation - Conditions imposed on the petitioner include cooperation with investigation and restrictions on leaving jurisdiction. (Paras 10, 10.1)

Facts of the case:
The FIR alleges that the petitioner was involved in a scam where the informant was duped into handing over his financial instruments, leading to unauthorized transfers.

Findings of Court:
The court granted interim pre-arrest bail to the petitioner, subject to specific conditions to ensure cooperation with the investigation.

Issues: The main issues were whether the petitioner should be granted pre-arrest bail given the allegations against him and the implications of his arrest on his family.

Ratio Decidendi: The court emphasized the need for balancing the rights of the accused with the interests of justice, particularly considering the absence of direct allegations against the petitioner and his family responsibilities.

Result: Pre-arrest bail granted subject to conditions.

ORDER

16.09.2024 Date : Heard Ms. S.K. Nargis, learned counsel for the petitioner Nishank Prasad Saikia, who has filed this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 with prayer for pre-arrest bail as he is apprehending arrest in connection with Cyber Police Station Case No. 22/2024 under Sections 468/420/406 of the Indian Penal Code , 1860.

2. Heard Mr. R.R. Kaushik, learned Additional Public Prosecutor, Assam for the respondent State.

3. The FIR unfolds that one Bablu Das has cheated the informant, Md Rahit Ali. He duped the informant and induced him to hand over his passbook, cheque-book, ATM card etc. and, thereafter, funds belonging to the informant got transferred to the account of the accused named in the FIR. Through his FIR, the informant has also alleged that other people are also involved in the scam.

4. It is submitted on behalf of the petitioner that as Police have been searching for the petitioner, he is apprehending arrest in connection with this case.

5. It is submitted that the petitioner is the sole bread winner of the family and if he is arrested, his ailing parents will be prejudiced severely.

6. It is also submitted that there is no direct allegation against the petitioner and the petitioner may be granted interim pre-arrest bail.

7. I have considered the submissions at the Bar with circumspection.

8. Call for the Case Diary.

9. List the matter on 04.11.2024.

10. Meanwhile, in the interim and in the event of his arrest, the petitioner shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand Only) with one suitable surety each of the like amount to the satisfaction of the arresting authority till 04.11.2024, under the conditions that:

i) the petitioner shall appear before the IO within one week and cooperate with the investigation, ii) the petitioner shall refrain from such activities with which they are alleged, and iii) the petitioner shall not leave the jurisdiction of the Court, without prior permission, till completion of investigation.

10.1. On breach of any of the bail conditions, bail order shall stand automatically cancelled.

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2024 Supreme(Online)(GAU) 7665

HIGH COURT OF GAUHATISusmita Phukan Khaund, JNISHANK PRASAD SAIKIA – AppellantVersusTHE STATE OF ASSAM – RespondentAB / 2448 / 2024

The court granted interim pre-arrest bail, emphasizing the need for balancing the accused's rights with the interests of justice, particularly in light of family responsibilities and absence of direct allegations.

HIGH COURT OF GAUHATI
Susmita Phukan Khaund, J
NISHANK PRASAD SAIKIA – Appellant
Versus
THE STATE OF ASSAM – Respondent
AB / 2448 / 2024