Afjal Ali vs State Of Assam

Because of COVID Pandemic situation, the Court proceedings are conducted through Video Conferencing.

Heard Mr. D. J. Haloi, learned counsel for the petitioner. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor for the State of

Assam.

By this petition under Section 438 Cr.P.C., the petitioner has prayed for granting him pre-arrest bail, apprehending arrest in connection with

Jalukbari P.S Case No. 549/2021 under Sections 406/420 of the IPC.

This case was registered in connection with an FIR dated 11.05.2021 lodged by the informant one Gulzar Hussain Nengroo wherein certain

allegations of non-payment of amounts due to the informant were made in respect of certain commercial transactions between the informant and the

persons named therein including the petitioner. In the FIR it is alleged that the amounts due to the informant are not paid and on the contrary, threats

were issued to the informant when he had approached the persons concerned for recovery of the money. The petitioner is shown as accused No. 6 in

the said FIR and against whom an amount of Rs.82,000/- has been shown to have been outstanding.

The learned counsel for the petitioner submits that the allegations made in the FIR are false and there is no amount outstanding to the informant as

alleged. No document has been produced by the informant to allege that the petitioner owns him the amount alleged.

Mr. Haloi, learned counsel for the petitioner submits that this being a business transaction between the petitioner and the informant, certain

settlement of accounts may be necessary as is required in most business transactions. However, no documents showing the amounts alleged to be

outstanding have been produced by the informant. It is also submitted that there is no intention to cheat or deprive the informant of the amounts due.

The learned Addl. P.P. submits that the case diary be called for at this stage.

Upon hearing the learned counsel for the parties and upon perusal of the pleadings available, let the case diary be called for.

In the meantime, it is provided that in the event of arrest of the petitioner, named above, he shall be released on interim pre-arrest bail, in connection

with the above noted case, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) only with one local surety of like amount to the

satisfaction of the arresting authority, subject, of course, to the following conditions:

(i) That the petitioner shall appear before the Investigating Officer on every date as required;

(ii) That the petitioner shall not hamper or tamper with the investigation in any manner;

(iii) That the petitioner 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; and

(iv) That the petitioner shall not leave the territorial jurisdiction of the Jalukbari Police Station without obtaining prior written permission from the

concerned Investigating Officer of the case.

If any of the conditions are found to be violated then the Investigating Officer shall be at liberty to seek cancellation of the interim bail granted to

the petitioner.

List on 21.06.2021 for production of the case diary.