Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010250892024
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3112/2024 FRANCIS AMSONG S/O MOHEN AMSONG R/O CHALAIKUNSHI, P.S. BAITHALONGSO,DIST. WEST KARBI ANGLONG, ASSAM PIN-782450 VERSUS THE STATE OF ASSAM REP.BY THE PP, ASSAM Advocate for the Petitioner : MR. D GOGOI, MR. I BORTHAKUR Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 06.01.2025
1. Heard Mr. I. Borthakur, learned counsel for the petitioner. Also heard Mr. R. R. Kaushik, learned Additional Public prosecutor for the State of Assam.
2. These two applications are filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, in respect of Jagiroad Police Station Case
Page No.# 2/2 No.156/2024.
3. Late Madhurjya Konwar was an employee under the accused Anup Patar subsequently, Anup Patar used all the documents of Madhurjya Konwar and with those documents borrowed money from bank and purchased Bolero PickUp vehicle bearing registration No. AS-21AC-1768.
4. Thereafter the money was not repaid to the bank and the bank started to put pressure upon Madhurjya Konwar to repay the money. Unable to tolerate all the pressure of the bank, Madhurjya Konwar committed suicide.
5. It may be stated that Anup Patar had sold the borrowed vehicle to the present petitioner and the present petitioner was not aware of all these things, therefore he apprehends that he might be arrested in this case by Police.
6. I have considered the submissions made by learned counsel for both the sides.
7. The present petitioner seems to be bona-fide purchaser of the vehicle and such person does not deserve to be detained in custody.
8. His pre-arrest bail application is allowed.
9. It is hereby directed that in the event of arrest in connection with Jagiroad Police Station Case No.156/2024, the petitioner Francis Amsong shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the arresting authority.
10. The petitioner Francis Amsong shall appear before the Police Investigating Officer within next 10 days from today.
11. The petitioner shall co-operate with Police Investigation as and when required.
12. With the aforesaid, the bail application stands disposed of.
13. Case Diary shall be returned. JUDGE Comparing Assistant