Ratul Talukdar vs State Of Assam

The Court proceedings have been conducted through remote video conferencing mode due to the prevailing situation in the State due to Covid-19

pandemic.

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

Assam.

By this application under Section 438, Code of Criminal Procedure, 1973 (CrPC), the petitioner viz. Ratul Talukdar has approached this Court seeking

the benefit of pre-arrest bail, apprehending his arrest, in connection with Dhaligaon Police Station Case No. 130/2021 registered for offences

punishable under Sections 379/420, Indian Penal Code.

The First Information Report (FIR) has been lodged by the informant on 12.05.2021 alleging that the petitioner attempted to withdraw a sum of Rs.

24,00,000/- through a cheque bearing no. 000294 belonging to the informant from Dhaligaon branch of ICICI bank on 30.04.2021. According to the

informant, the said cheque was lost by him. He has named the petitioner in the FIR on the basis of a message received by him from the said branch of

the bank.

Mr. Haloi has submitted that the petitioner has received a notice under sub-section (1) of Section 41A, CrPC dated 04.06.2021 asking him to appear

before the Investigating Officer of the case. It is further submitted that the informant is not known to the petitioner. Apart from mentioning merely the

name, no other details have been mentioned.

Upon consideration of the nature of allegations and the projections made on behalf of the petitioner, it is provided, in the interim, that in the event of

arrest of the petitioner in connection with Dhaligaon Police Station Case No. 130/2021, he shall be released on bail on furnishing a bail bond of Rs.

10,000/-with one local surety each of the like amount to the satisfaction of the arresting authority, subject to the conditions that :

The petitioner shall appear before the Investigating Officer (I.O.) of the case within a period of 10 (ten) days from today and shall cooperate with

the investigation of the case;

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;

The petitioner shall not obstruct or hamper the police investigation and not play mischief with the evidence collected or yet to be collected by the

police; and

List the case on 20.07.2021 to enable the learned Additional Public Prosecutor to produce the concerned case diary on that date.