High CourtsSingle Bench

Indrajeet Kalita vs State Of Assam

Gauhati HC · Decided on 1 July 2021 · Citation: (2021) 07 GAU CK 0008

HON’BLE JUDGES
Soumitra Saikia, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 438 · Indian Penal Code, 1860 — Section 409, 420
CASE NUMBER
Anticipatory Bail No. 1790 Of 2021
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Judgment

23 paragraphs · 417 words
1.

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

2.

Heard Mr. R. Saloi, learned counsel for the petitioner. Also heard Ms. S. Jahan, learned Additional Public Prosecutor for the State.

3.

This anticipatory bail application under Section 438 Cr.P.C., has been filed by the petitioner, namely, Mr. Indrajeet Kalita apprehending arrest in

connection with Basistha P.S. Case No. 1017/2021 under Sections 420/409 of IPC.

4.

The learned counsel for the petitioner submits by referring to Page No. 9, Annexure- 1 that he was empanelled as a Direct Selling Agent (DSA) for

sourcing Home Loan applications under the Bank of Baroda. The conditions relating to his service are mentioned in the said letter. The learned

counsel for the petitioner submits that there is no responsibility on his part to collect any payment made by any person who is loanee of the bank. As

such, the allegations made in the FIR are totally false and baseless.

5.

Let the case diary be called for in connection with the aforesaid case. In the meantime, in the event of his arrest in connection with Basistha P.S.

Case No. 1017/2021 under Sections 420/409 of IPC, the petitioner 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:-

1.

That the petitioner shall make himself available before the investigating officer within 7(seven) days from today and co-operate with the

investigation;

2.

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

3.

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

4.

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

concerned Investigating Officer of the case. In case of change of his employment under the present employer, the petitioner shall bring the same to

the notice of the Investigating Officer.

6.

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.

7.

List this matter again on 9th August, 2021.