Sandip Kumar Das vs. The State Of Ap
Held
The Court dismissed the application for pre-arrest bail. The Court perused the Case Diary and found that the materials available therein reflected the complicity of the applicant in the alleged offence. It was also noted that a notice under Section 41(A) of the Cr.P.C. was issued to the applicant, but he had not cooperated with the investigating authorities. Therefore, the Court concluded that it was not a fit case to extend the privilege of pre-arrest bail to the applicant. The application was accordingly dismissed.
Facts
The petitioner, Sandip Kumar Das, sought pre-arrest bail under Section 438 of the Cr.P.C. in connection with Daporijo P.S. Case No. 5/2024, registered under Section 420 of the Indian Penal Code. The FIR was filed by Smti Yaji Ebia, alleging that the petitioner promised to supply a Crusher Machine and received Rs. 28,50,000/- from her husband. A further demand of Rs. 7,50,000/- for GST clearance was also alleged. The petitioner claimed he was wrongly implicated, acted on instructions from one Madhav Gogoi, and that the money received was transferred to Madhav Gogoi and then handed over in cash to Santoosh Agarwala. A Deed of Machine Sale Agreement was executed between Santoosh Agarwala and Ramesh Ebiya, which the petitioner signed based on bonafide belief.
Key Issues
1. Whether the applicant is entitled to the privilege of pre-arrest bail under Section 438 of the Cr.P.C. in connection with Daporijo P.S. Case No. 5/2024, registered under Section 420 of the IPC? Petitioner's Arguments: The petitioner contended that he was wrongly implicated and acted solely on the instructions of Madhav Gogoi. He asserted that the amounts received were transferred to Madhav Gogoi and subsequently handed over in cash to Santoosh Agarwala. The petitioner also claimed to have signed a Sale Agreement based on bonafide belief, unaware of its true nature. Revenue's Arguments: The State, represented by the Additional Public Prosecutor, presented the Case Diary. The judgment does not explicitly detail the State's arguments beyond presenting the evidence and noting the petitioner's lack of cooperation.
Sections Cited
Section 438, Section 420, Section 41(A)
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORDER Date : 19.02.2024 Heard Mr. T. Taba, learned counsel for the applicant. Also heard Ms. L. Hage, learned Addl. Public Prosecutor for the State. The applicant, under Section 438 of the Criminal Procedure Code, 1973, has filed the present application for granting the privilege of pre- arrest bail to the applicant, namely, Shri Sandip Kumar Das, who has been Page No.# 2/3 apprehending arrest in connection with Daporijo P.S. Case No. 5/2024, under Section 420 of the Indian Penal Code. The copy of the updated Case Diary is placed before this Court. The First Information Report (FIR) filed by one
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