Santosh Borah vs. The State Of Assam
Original PDF →Facts
The petitioner, Santosh Borah, sought pre-arrest bail under Section 438 of the CrPC in connection with Silchar PS Case No. 1089/2021, registered under Sections 420, 468, and 471 of the IPC. The FIR alleged that the petitioner collected valuable documents from local people, including Aadhaar cards and identity proofs, under the assurance of providing Mudra Loans during the Covid-19 period. Subsequently, he allegedly used these documents to obtain other registrations such as GST registration, trade license, and vehicle registration certificates, thereby deceiving the public for illegal purposes. The court considered the nature of the offense and the petitioner's alleged complicity.
Held
The Court held that the case was not a fit one to grant the privilege of pre-arrest bail under Section 438 of the CrPC to the petitioner, Santosh Borah. The reasoning was based on the nature of the offense and the alleged complicity of the accused. The Court found sufficient evidence suggesting the petitioner's involvement in a scheme where he collected personal documents from individuals with the promise of Mudra Loans, and then allegedly used these documents to obtain GST registrations, trade licenses, and vehicle registrations for illegal purposes. This constituted a clear picture of cheating and deception against the public. Therefore, the Court rejected the petition for pre-arrest bail.
Key Issues
1. Whether the petitioner, Santosh Borah, is entitled to pre-arrest bail under Section 438 of the CrPC in connection with Silchar PS Case No. 1089/2021, considering the allegations of cheating and forgery. The petitioner argued for pre-arrest bail, seeking protection from arrest in the aforementioned criminal case. The State, represented by the Public Prosecutor, opposed the grant of pre-arrest bail, highlighting the alleged complicity of the petitioner in a scheme involving the fraudulent procurement of GST registration, trade licenses, and vehicle registrations using documents collected from the public under false pretenses of providing Mudra Loans. The State contended that the nature of the offense and the petitioner's involvement warranted denial of anticipatory bail.
Sections Cited
Section 438, Sections 420, 468, 471
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
O R D E R 14.12.2021. By filing this petition under Section 438 of the CrPC, petitioner Santosh Borah has have sought for pre-arrest bail in the event of his arrest in connection with the Silchar PS Case
Page No.# 2/2 No.1089/2021, under Sections 420/468/471 of the IPC. Heard the learned counsel for both the parties and perused the record and the case diary produced. As has been alleged in the FIR, there is sufficient complicity as regards the present petitioner that he with the assurance to the local people that they will be provided the benefit of availing the Mudra Loan during the Covid-19 period had collected their various valuable documents such as Aadhaar Card, photo identity card and other identity proof but subsequently by using those documents, various other documents have been obtained such as GST registration, trade license and vehicle registration certificate, etc. A clear picture of cheating is made out as against the petitioner that by deceiving the common people, he has utilized their documents, for illegal purpose. Considering the nature of offence and complicity of the accused person, this Court is of the view that this is not a fit case to grant the privilege of Section 438 of the CrPC, to the present accused/petitioner and accordingly the present petition stands rejected. Return back the case diary forthwith.
JUDGE Comparing Assistant
Reproduced from the public record of the Gauhati High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.