Babu Boro (St) vs State Of Assam

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

Heard Mr. P. N. Choudhury, learned counsel for the petitioner. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State of

Assam.

This anticipatory bail application under Section 438 Cr.P.C., has been filed by the petitioner, namely, Sri Babu Boro (ST) apprehending arrest in

connection with Basistha P.S. Case No. 1562/2020 under Sections 420/406/506 of IPC.

The said FIR was lodged by one Praveen Kumar Solanki as the informant making allegations of cheating and non-refund of payments made to the

petitioner which have been illegally withheld by him. The learned counsel for the petitioner submits by pointing out to his pleadings at Paragraph No. 7

that he had appeared before the I/O and given his statement under Section 161 Cr.P.C. on 30th April, 2021 and 3rd May, 2021. The learned counsel

for the petitioner points out that the alleged dispute between the informant and the petitioner arose in the district of Kokrajhar and, therefore, perhaps

the Basistha Police Station will have no jurisdiction.

Upon hearing the learned counsel for the parties and perusal of the pleadings, let the case diary be called for. As the petitioner has stated to have

given his statement under 161 Cr.P.C., in the event of his arrest in connection with the Basistha P.S. Case No. 1562/2020 under Sections 420/406/506

of IPC , he shall be released on interim bail upon furnishing a 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. The interim bail granted shall, however, be subject to the following conditions:-

That the petitioner shall make himself 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 Basistha Police Station, without obtaining prior 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 petitioner.

List this matter again on 23.06.2021.