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2024 Supreme(Online)(SC) 7786

SUPREME COURT OF INDIA
DHIRAJ CHOUDHURY – Appellant
Versus
THE STATE OF ASSAM – Respondent


ORDER

Leave granted.

2. The High Court has declined the prayer for pre-arrest bail of the appellant, vide the impugned order in Case No. AB/402/2024.

3. The appellant is an accused in First Information Report (FIR) No. 261 of 2023 dated 29.11.2023 registered with Azara Police Station, Guwahati, for the offence(s) punishable under Sections 120-B , 420, 466 and 467 of the Indian Penal Code (IPC). 4. Having regard to the fact that a civil suit between the appellant’s mother-in-law and wife (plaintiffs) and the informant (defendant) is pending coupled with the fact that it would be for the Civil Court to pronounce on the genuineness of the alleged sale deed, based whereon the plaintiffs have claimed title to the suit property, we are of the considered opinion that the appellant has made out sufficient ground for grant of bail in anticipation of arrest.

5. The impugned order is set aside. We direct that in the event the appellant is arrested, he shall be released on bail by the arresting/investigating officer/trial court, on such terms and conditions as may be imposed by the trial court.

6. Needless to observe, the appellant shall make himself available for interrogation as and when require

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