SRI NIBEDAN BORO v. THE STATE OF ASSAM

2: SRI NIBEDAN BORO SON OF KAMESWAR BORO R/O VILL- SONAIGHULI NEAR DONBOSCI SCHOOL DAKHINGAON P.O. SAWKUCHI P.S. DISPUR GUWAHATI-781040 DIST. KAMRUP (METRO) ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, GOVT. OF ASSAM Advocate for the Petitioner : MR. K K DEKA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN Date : 25-05-2022 ORDER Heard Mr. KK Deka, learned counsel for the applicant and also heard Mr. KK Parashar, learned Addl. PP, Assam. Page No.# 2/3 This is an application under Section 438 Cr.P.C., preferred by the applicants 1. Sri Sintu Basumatary, & 2. Sri Nibedan Boro, for grant of pre-arrest bail, who have been apprehending arrest in connection with Basistha PS Case No.2370/2021 under Sections 120B/420/468/471 IPC. The allegations against them is that of fraudulent mutation of their names in the records of rights over a plot of land measuring 2 katha, 08.95 lecha belonging to one Mohita Boro, mother of the informant. Mr. Deka, learned counsel for the petitioners submits that pursuant to the order of this court dated 21.01.2022, the applicants have appeared before the I/O and their statements have already been recorded and that they have been cooperating with the investigating agency and therefore, Mr. Deka contended to make the interim order dated 21.01.2022, absolute in the same terms and conditions. On the other hand, Mr. Parashar, learned Addl. PP, producing the case diary before this Court submits that the materials collected so far in the case diary are not sufficient to make out a prima-facie case against the applicants and that they have already appeared before the I/O their statements have already been recorded and further submits in the interest of justice that custodial interrogation of the petitioners is not necessary. In view of above and also in view of the nature of accusations and the materials collected so far in the case diary, custodial interrogation of the accused/petitioners seems to be not necessary here in this case. Accordingly, this Court is inclined to Page No.# 3/3 make the interim pre-arrest bail order dated 21.01.2022 absolute in the same terms and conditions. The anticipatory bail application stands disposed of in terms of the above. The case diary be sent back. JUDGE Comparing Assistant