Rakesh Kumar Prasad and Anr v. The State of Assam

ORDER

25.09.2024

¶1Heard Mr M Khan, learned counsel for the petitioner, Rakesh Kumar Prasad, who has filed this application under Section 482 of the BNSS, 2023, with prayer for pre-Page No.# 2/3 arrest bail, as he is apprehending arrest in connection with Bongaigaon PS Case No. 308/2024, registered under Sections 61(2)(a)/319(2)/318(4)/308(2)/351(3) of the BNS, 2023.

¶2The other petitioner, Mohamed Zakria @ Md Zakaria, has already been arrested in connection with the aforesaid case and thus, learned counsel for the petitioner has not pressed the petition for him.

¶3Also heard Mr R R Kaushik, learned Additional Public Prosecutor for the State of Assam.

¶3It is submitted on behalf of the petitioner that the petitioner is working under a licensed money lender, i.e., Rahimuddin Khan. It is submitted that a false case has been brought up against the petitioner that he has been extorting innocent citizens in lieu of money lent to them. The petitioner has prayed for bail on these grounds.

¶4The learned Additional Public Prosecutor has raised serious objection stating that there are incriminating materials in the Case Diary against the present petitioner.

¶5I have scrutinized the Case Diary.

¶6Indeed there are incriminating materials in the Case Diary against the petitioner.

¶7Investigation may be adversely affected if the petitioner is admitted to bail and insulated by an order of pre-arrest bail.

¶8At this juncture, hence, I am hesitant to grant bail to the petitioner. Petition stands Page No.# 3/3 rejected.

¶9Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010186662024 2024:GAU-AS:9620 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2428/2024 RAKESH KUMAR PRASAD AND ANR S/O LAGANDEO PRASAD RO DOLAIGAON, P.S. BONGAIGAON, DIST. BONGAIGAON, ASSAM 2: MOHAMED ZAKRIA @ MD ZAKARIA S/O ABDUL KARIM R/O WARD NO. 10 CHAPAGURI ROAD NORTH BONGAIGAON P.S. AND DIST. BONGAIGAON ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M KHAN, MS J AKTAR,MR A K DAS Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND