Bichiram Daimary vs State Of Assam

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

Heard Mr. I. A. Talukdar, 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 Kokrajhar P.S. Case No.

159/2021 under Sections 420/406/506/34 of IPC. The allegation in the FIR is that because of financial hardship the informant had taken some amount

of money on personal loan on fixed interest from the petitioner. The informant’s signature as 2(two) Non-Judicial Stamp papers along with two

blank cheques were obtained by the petitioner. The informant had also given an ATM card of his account to the petitioner to enable the petitioner to

withdraw money from the informant’s account. Accordingly, an amount of Rs.3,36,000/- was withdrawn from the informant’s account by the

petitioner. However, in spite of that the petitioner demanded a sum of money which is far more than the amount loaned by him and in the event of the

failure of the informant to repay the money, the petitioner along with some other persons had issued threat of dire consequences to the informant by

misusing the signed stamp papers kept with the petitioner.

The learned counsel for the petitioner submits that both the informant and the petitioner are employees of Veterinary Department, Government of

Assam and because of financial difficulties faced by the informant at his request some amount was loaned by the petitioner. However, the informant

refused to repay the amount loaned and as instead filed the FIR. All the allegations are false and incorrect. However, being apprehensive of arrest,

the present anticipatory bail application has been filed.

Mr. M. P. Goswami, learned Additional Public Prosecutor for the State of Assam submits that case diary be called for.

Upon hearing the learned counsel for the parties and upon perusal of the case records, let the case diary be called for in connection with the

aforesaid case. In the meantime, if the petitioner is arrested in connection with Kokrajhar P.S. Case No. 159/2021 under Sections 420/406/506/34 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 Kokrajhar 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 petitioner.

List this matter again on 18.06.2021.