Utpal Deka v. The State of Assam

ORDER Date : 19.09.2024

Heard learned counsel, Mr. W.R. Medhi, for the petitioner, Utpal Deka, who has filed this application under Section 438 of the CrPC (Old)/ under Section 482 of the Page No.# 2/3 Bharatiya Nagarik Suraksha Sanhita, 2023 (New), with prayer for pre-arrest bail apprehending his arrest in connection with Bhangagarh P.S. Case No. 109/2024, under Sections 420/468/471 of the Indian Penal Code, 1860.

¶2Heard Mr. R.R. Kaushik, learned Additional Public Prosecutor, appearing on behalf of the State of Assam.

¶3The FIR unfolds that the petitioner, by fraudulent means purchased a plot of land near the Medical Road, Nanak Nagar, from his father, Sri Upendra Nath Deka.

¶4It is submitted on behalf of the petitioner that the informant, Arup Deka was not staying with his parents and family members for 15 long years. The sale deed was executed on 12.02.2015, whereas the FIR was lodged after a prolonged period, on 09.04.2024.

¶5It is submitted that the petitioner has not acted in a fraudulent manner by wrongfully mentioning his father's age as 83 years and his own age as 44 years.

¶6It is also submitted that the petitioner has appeared before the I.O. continuously, but again the I.O. has issued notice against the petitioner and this is why the petitioner is apprehending arrest in connection with this case.

¶7I have considered the submission that the FIR has been lodged after almost 9 years.

¶8I have scrutinized the Case Diary.

¶9I have considered the submissions of the learned counsel for the petitioner that the petitioner has appeared before the I.O. Page No.# 3/3

¶10Considering all aspects, the interim order dated 12.08.2024, is hereby made absolute.

¶11Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010161422024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2107/2024 UTPAL DEKA S/O LATE UPENDRA NATH DEKA, R/O HOUSE NO. 07, NANAK NAGAR P.O. AND P.S. BHANGAGAR DIST. KAMRUP (M), ASSAM PIN-781005. VERSUS THE STATE OF ASSAM REP BY THE PP, GOVT. OF ASSAM Advocate for the Petitioner : MR W R MEDHI, MR R CHETRY,MR P TALUKDAR,MR A V SINGH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND