Santosh Borah vs. The State Of Assam

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AB/3415/2021HC GauhatiGSTCNR GAHC01017175202113 December 2021Bench: HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN2 pages
AI SummaryDismissed

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
Page No.# 1/2 GAHC010171752021 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3415/2021 SANTOSH BORAH SON OF LATE SUREN BORAH R/O VILL- TARAPUR PART-II, P.S. SILCHAR SADAR, SUB-DIVN-SILCHAR, IN THE DISTRICT OF CACHAR, PIN-788003, ASSAM MOBILE NO. 83348-52615 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. T BARUAH Advocate for the Respondent : PP, ASSAM BEFORE HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN

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.