Md Faruk Alam vs. The State Of Assam
Held
The Court rejected the petitioner's prayer for pre-arrest bail. The reasoning was based on the report submitted by the Assistant Commissioner of Taxes, Bongaigaon. This report confirmed that there was no record of the vehicle used for transportation and no proper documentation to substantiate the petitioner's claims regarding the transportation of goods. Furthermore, the tax authority concluded that the GST payment papers submitted by the petitioner were not only incorrect but also false. The Court found these findings to be significant, leading to the denial of pre-arrest bail. The petition was disposed of accordingly, with the case diary and the letter from the Assistant Commissioner of Taxes being retained for record.
Facts
The petitioner, Md. Faruk Alam, sought pre-arrest bail in connection with Abhayapuri Police Station Case No. 456 of 2021, registered under Sections 379/468/420/411 of the IPC. The case involved allegations related to the transportation of goods. The petitioner claimed to have made GST payments to support the genuineness of his transactions. The Assistant Commissioner of Taxes, Bongaigaon, was directed by the Court to report on the matter. The report indicated that there was no record of the vehicle in question and no proper documentation to support the transportation of goods as claimed by the petitioner. The tax authority also found the GST payment papers submitted by the petitioner to be incorrect and false.
Key Issues
1. Whether the petitioner is entitled to pre-arrest bail under Section 438 Cr.P.C. in connection with Abhayapuri Police Station Case No. 456 of 2021, registered under Sections 379/468/420/411 of the IPC, considering the alleged falsity of GST payment documents. Petitioner's contention: The petitioner sought pre-arrest bail, implying a need to avoid arrest and potentially arguing for the presumption of innocence or lack of strong evidence against him at this stage. Respondent's contention: The State, through the Additional Public Prosecutor, would likely argue against pre-arrest bail, emphasizing the seriousness of the alleged offenses (cheating, forgery, theft, and receiving stolen property) and the findings of the tax authorities regarding the falsity of the GST documents, suggesting a prima facie case against the petitioner.
Sections Cited
Section 438 Cr.P.C., Sections 379, 468, 420, 411 of the IPC
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORDER 27-10-2021
This is an application under Section 438 Cr.P.C., praying for pre-arrest bail by the petitioner, namely, Md. Faruk Alam, in connection with Abhayapuri Police Station Case No. 456 of 2021, registered under Sections 379/468/420/411 of the IPC.
Page No.# 2/2 Heard Mr. H. Das, learned counsel for the petitioner and Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam for the Respondent State. The case diary produced has been perused including the order of this Court, dated 06- 10-2021. In accordance with the said order, the Assistant Comm
The judgment continues below.
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