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2024 Supreme(Online)(GAU) 853

HIGH COURT OF GAUHATI
MRS. JUSTICE MITALI THAKURIA, J
MEGHRAJ KOTHARI – Appellant
Versus
THE STATE OF ASSAM – Respondent


Advocates:
MR. K N CHOUDHURY, PP, ASSAM

ORDER

Heard Mr. P. Jain, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State respondent.

This application filed under Section 438 of the Code of Criminal Procedure , 1973, praying for grant of pre-arrest bail to the accused/petitioner, who is apprehending arrest in connection with Jogighopa P.S. Case No.53/2024 under Section 392 of the Indian Penal Code .

The Case Diary has been received and I have perused the same.

It is submitted by the learned counsel for the petitioner, Mr. Jain, that after obtaining the interim pre-arrest bail on 05.04.2024, the petitioner appeared before the I.O.; co-operated in the investigation of this case and recorded his statement under Section 161 of Cr.P.C.. Further it is submitted that the accused/petitioner is a bona fide purchaser and he purchased 52 bags of the areca nuts from one Ashadullah at Rs. 7,70,250/- (Rupees Seven lakhs seventy thousand two hundred fifty) only and paid the entire amount through NEFT/RTGS mode on 22.03.2024. Later, on 26.03.2024, the police arrived at the petitioner’s resident and seized the said areca nuts from his godown stating that the said areca nuts were stolen

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