Biraj Boro v. The State of Assam

ORDER

28.10.2024 Heard learned counsel, Mr M D K Ahmed, appearing on behalf of Mr H Choudhury, learned counsel for the petitioner, Biraj Boro, who has filed this application under Section 482 of the BNSS, 2023, with prayer for pre-arrest bail as he is apprehending arrest in connection with Mushalpur PS Case No. 90/2024, under Sections 336(3)/340(2)/341(4) of the BNS, 2023. Page No.# 2/2

¶2Heard learned Additional Public Prosecutor, Mr K K Das, for the respondent/State.

¶3It is submitted on behalf of the petitioner that the name of the petitioner is not mentioned in the FIR. Moreover, the phone number of the alleged WhatsApp message circulated is not mentioned in the FIR. Thus, the petitioner is entitled to bail

¶4Learned Additional Public Prosecutor has raised serious objection stating that there are incriminating materials in the Case Diary against the petitioner, indicating that the petitioner is complicit in committing the offence of forgery.

¶5The FIR unfolds that a fake document was circulated along with fake official pad of the MLA of Chepaguri LAC, Mr U G Brahma, with fake pad, photographs and signatures of the MLA.

¶6I have scrutinized the Case Diary.

¶7Indeed there are incriminating materials in the Case Diary against the petitioner.

¶8I have considered the nature of the offence alleged.

¶9At this juncture, there appears to be no justified ground to extend the privilege of anticipatory bail to the petitioner.

¶10Petition with prayer for anticipatory bail stands rejected at this stage.

¶11Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010202882024 2024:GAU-AS:10507 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2602/2024 BIRAJ BORO S/O GYANANDA BORO R/O VILL- SARU MANILGPUR P.S. MUSHALPUR DIST. BAKSA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : H CHOUDHURY, MR. D THAOSEN Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND