ORDER

Date : 13-12-2022 Heard Mr. A. K. Bhattacharyya, learned senior Advocate assisted by Mr. D.

K. Bhattacharyya, learned counsel and Mr. G. Alam, learned counsel appearing on behalf of the applicants. Also heard Mr. NNB Choudhury, learned Additional A.G.-cum-Public Prosecutor for the State of Arunachal Pradesh assisted by Mr. A. Chandran, learned Additional Senior Government Advocate representing the State of Arunachal Pradesh as well as Mr. L. Perme, learned counsel appearing on behalf of the informant.

2. This application is filed under Section 438 of the Code of Criminal Procedure, 1973, praying for seeking Anticipatory Bail to the applicants in connection with Aalo P.S. Case No.49/2022, under Sections 468/471/34 of the IPC, 1860, and corresponding G.R. Case No.103/2022.

3. It is submitted by the learned counsel for the applicants that;

(i) The applicant No.1 is one of the partners of M/s Frontier Stone Crusher Unit having its administrative office at Dona Planet, G.S. Road, Guwahati. The applicant No. 1 is also a Director of Khasi Ispat Pvt. Ltd. with its registered office at S.J. Road, Athgaon, Guwahati.

(ii) The applicant No. 2 is a businessman dealing with supply of stone materials.

(iii) The applicant No.3 is an employee of M/s Frontier Stone Crusher Unit and is engaged as a Supervisor in its Stone Crusher Unit at Siji Village, Likabali.

(iv) The applicant No.4 is the landowner of a plot of land where the Stone Crusher of M/s Frontier Stone Crusher Unit is located.

(v) The applicant No.5 is practicing as an Advocate in Aalo, Arunachal Pradesh.

(vi) And the informant Shri Iken Tao is also a partner of M/s Frontier Stone Crusher Unit, who had informed the Officer-in-Charge, Aalo Police Station, inter alia, that he had entered into a partnership with the applicant No.1 and the partnership deed was executed before the Executive Magistrate, Likabali on 27.11.2020, by fraudulently incorporating the words “or for 30 years from date of commencement of agreement” in Clause 2.1 of the said partnership deed, and the same was presented for registration before the Sub-Registrar(S&R), West Siang, Aalo, Arunachal Pradesh. It was further alleged that the applicant No.4 had impersonated him and submitting his Land Possession Certificate (LPC) as supporting documents had aided in the fraudulent registration of the said partnership deed.

4. Further, it is stated that the applicant No.5, who is a practicing Advocate and well known to the informant since childhood, had aided in registration of the said partnership deed. On the basis of the said information, Aalo P.S. Case No.49/2022, under Sections 468/471/34 of the IPC was registered and assigned G.R. Case No.103/2022. It is further submitted that the applicants categorically denied their involvement in the offence alleged and are sought to be unnecessarily harassed in connection with Aalo P.S. Case No.49/2022. The informant, being the proprietor of M/s Frontier Stone Crusher Unit had license for operating the Stone Crusher at Siji Village, Likabali and he was also desirous to enter into a partnership deed with the applicant No.1 and Khasi Ispat Pvt. Ltd. Accordingly, on 27.11.2020, a Deed of Partnership was executed before the Executive Magistrate, Likabali, Arunachal Pradesh and was presented for registration before the Sub-Registrar(S&R), Aalo, West Siang District, Arunachal Pradesh and assigned registration No.LD-15/21 dated 13.05.2021. After registration of the partnership deed a copies of the agreement was given to the applicants as well as to the informant, and hence, the informant is well aware of the contents of the said registered partnership deed. The informant was also provided a Hydraulic Excavator and 3(three) Tata Signa 2823 Dumpers for smooth supply of materials to the Stone Crusher. But the informant could not supply the requisite quantity of materials to the Stone Crusher and also did not allow procuring of the materials from the third parties as well as blocked the approach r