Judgment · High Court

Heard Mr. P.J. Saikia, learned counsel, appearing for the petitioner. Also heard Mr. B.B. Gogoi, learned Addl. Public Prosecutor, appearing for the State-respon dent. Perused the Case Diary. By this application, filed under Section 438 Cr.P.C., the petitioner, namely Sri Lalan Rai, has prayed for pre-arrest bail, in connection with Digboi P.S. Case No.161/2011, under Sections 121(B)/407/420/34 of IPC. The informant, in the FIR, alleged that the petitioner, being the owner of New A ssam Bengal Roadlines, provided a truck to the informant-company for transportin g goods from Digboi to Kolkata and, accordingly, the informant had sent 320 bags of ’paraffin wax’ (approximate value of Rs.14,00,000/-, but the consignment alo ng with the Truck was missing. From the record, it appears that, the role of the petitioner was, to the extent of arranging the vehicle to facilitate the transportation of the said consignmen t. The petitioner is already on interim bail w.e.f. 19.10.2011. There is no adverse report against him. Considering entire aspect of the matter, I am of the opinion that, release of th e petitioner, on bail, will not adversely affect the investigation. Accordingly, the interim order, dated 19.10.2011 made in favour of the petitione r aforesaid, is made absolute, subject to the condition that, the petitioner sha ll appear before the Investigating Officer on or before 12.12.2011 and on such o ther dates as may be so required by the Investigating Officer. It is further pro vided that the petitioner shall not interfere with the investigation in any mann er. The A.B. Application is disposed of.