Krishna Gogoi @ Akash Gogoi v. The State of Assam

ORDER

20.09.2024 Heard Mr M Biswas, learned counsel for the petitioner Krishna Gogoi @ Akash Gogoi, who has filed this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as he is apprehending arrest in connection with Golaghat Police Station Case No. 133/2024 under Sections 61(2)/316(2) & 318 of the Bharatiya Nyaya Sanhita, 2023. Page No.# 2/3

¶2Also heard Mr R R Kaushik, learned Additional Public Prosecutor, Assam for the respondent State. The learned Additional Public Prosecutor has raised objection stating that the petitioner is not entitled to interim bail without perusal of the Case Diary.

¶3It is submitted on behalf of the learned Additional Public Prosecutor that solely on the submissions of learned counsel for the petitioner, the prayer for interim bail on the ground of parity, cannot be considered.

¶4It is submitted that similarly circumstanced accused have already been granted bail by the learned Chief Judicial Magistrate, Golaghat vide order dated 29.07.2024 in connection with G.R. No. 334/2024 arising out of Golaghat Police Station Case No. 133/2024.

¶5The FIR unfolds that Babul Ali has misguided the police by lodging a false FIR and during investigation, it was unearthed that the petitioner had lent Rs.45,00,000/- (Rupees Forty Five Lacs) to Babul Ali to purchase a motorcycle. Even before the completion of payment of the entire loan to the Financer, the petitioner sold the motorcycle. It is alleged that the petitioner along with the co-accused and Babul Ali have indulged in such fraudulent activities and they have purchased and sold several motorcycles in this manner.

¶6On the other hand, the learned counsel for the petitioner has submitted that Babul Ali has cheated the petitioner and the petitioner lent Rs.45,00,000/- (Rupees Forty Five Lacs) to Babul Ali but he was not at all aware that Babul Ali was indulging in such Page No.# 3/3 fraudulent activities as alleged in the FIR.

¶7I have considered the submissions at the bar with circumspection.

¶8I have scrutinized the Case Diary.

¶9The co-accused have already been granted bail by the learned CJM, Golaghat. I have considered the submission that custodial interrogation may not be required as the co-accused who were arrested, were already interrogated by the police. I have also considered the submission that the petitioner is willing to cooperate with the investigation.

¶10The petitioner has appeared before the IO and his statement has been recorded. The petitioner has not violated any bail conditions.

¶11The interim order dated 05.08.2024, is hereby made absolute.

¶12Anticipatory Bail Application stands disposed of.

¶13Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010152402024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2021/2024 KRISHNA GOGOI @ AKASH GOGOI S/O SUNDAR GOGOI, R/O GOLAGHAT, P.S.-GOLAGHAT, P.O.-GOLAGHAT, DIST- GOLAGHAT, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M BISWAS, A GHOSAL,J SINGPHO Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND