Anita Chouhan vs State Of Assam

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

Heard Mr. N. Dubey, learned counsel for the petitioner. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor for the State of

Assam.

This application under Section 438 Cr.P.C., has been filed by the petitioner apprehending arrest in connection with Paltan Bazar P.S. Case No.

150/2021 under Sections 120(B)/406/420 of IPC. The said case was registered on the basis of an FIR dated 10.02.2021 lodged by the informant,

namely, Ripu Kumar Sah alleging that the accused persons therein, namely, the petitioner and her husband-Rakesh Gupta had taken to the tune of

Rs.7,44,500/- for supply of Black Papper. However, the delivery was not affected nor was the payment refunded. Consequently, the accused persons

have also threatened the informant. Being aggrieved, the present anticipatory bail application has been filed seeking anticipatory bail from this Court.

Mr. M. P. Goswami, learned Additional Public Prosecutor for the State of Assam submits that there are specific allegations against the petitioner

and her husband, therefore, only the case diary be called for at this stage.

Upon hearing the learned counsel for the parties and upon perusal of the case records, let the case diary be called for. In the meantime, if the

petitioner is arrested in connection with Paltan Bazar P.S. Case No. 150/2021 under Sections 120(B)/406/420 of IPC, she shall be released on interim

bail upon furnishing a bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two local sureties of like amount to the satisfaction of the

Arresting Authority. The interim bail granted shall, however, be subject to the following conditions:-

That the petitioner shall make herself available before the investigating officer before the 7(seven) days from today for the purpose of further

investigation of the case and shall cooperate with the investigation;

That the petitioner shall not hamper with the investigation or tamper with any evidence of the case;

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

That the petitioner shall not leave the territorial jurisdiction of the Paltan Bazar Police Station, without obtaining prior written permission from the

concerned Investigating Officer of the case.

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

granted to the petitioners.

List this matter again on 18.06.2021 enabling the learned Additional Public Prosecutor to produce the case diary.