Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 21136 (GAU)

MANOHARMAYUM PRASANTA SHARMA v. THE STATE OF ASSAM

AB/3135/2024 · 2025-04-06

Susmita Phukan Khaund

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010251672024 2025:GAU-AS:4256 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3135/2024 MANOHARMAYUM PRASANTA SHARMA S/O MANOHARMAYUM BRAJAMONI SHARMA, R/O KWAKEITHEL MOIRANG, PUREL LEIKAL, P.S. IMPHAL, DIST. IMPHAL WEST, MANIPUR. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. M HAQUE, MR. S ISLAM,MR A HAWARI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 07-04-2025 Heard Mr. A. Hawari, learned counsel for the petitioner Manoharmayum Prasanta Sharma, who has filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as he is apprehending arrest in connection with Cyber Police GDE No. 3 dated Page No.# 2/2 23.05.2025. 2. Heard Mr. K.K. Parashar, learned Additional Public Prosecutor, Assam. 3. The allegation against the petitioner is that he has siphoned off funds deposited in the account number of the Trust and he is engaged in fraudulently trading for wrongful gain. 4. Learned Additional Public Prosecutor has submitted that there are incriminating materials in the Case Diary. The members of the Trust have also stated that the petitioner has been operating the bank account of the Trust and he has siphoned off around Rs.2 Crores. 5. I have considered the submissions at the bar with circumspection. I have also scrutinized the Case Diary. Indeed there are incriminating materials in the Case Diary against the petitioner. I have considered the gravity of offence. It appears that investigation may be adversely affected if the petitioner is insulated by an order of pre-arrest bail at this stage. 6. Considering all aspects, petition with prayer for pre-arrest bail is rejected at this stage. 7. In terms of the above observation, this Anticipatory Bail Application stands disposed of. 8. Send back the Case Diary. JUDGE Comparing Assistant