Prasanta Kumar Deka, J.:— Heard Mr. A.K. Bhuyan, learned counsel for the petitioners. Also heard Mr. B B Gogoi, learned Additional Public Prosecutor for the State of Assam.
2. The petitioner No. 1 is the son of petitioner No. 2 who filed this bail application under Section 438 Cr.P.C. seeking for privilege of pre-arrest bail in Bhangagarh P.S. Case No. 256/2021 under Section 420/406/511 IPC. The informant Ms. Panchalee Baishya (Sharma) is the wife of the petitioner No. 1 who were married on 2013 and since 2017 as stated in the petition the informant deserted the petitioner No. 1 and started living at another place. The informant lodged an FIR on 11.05.2021 alleging that as per the information received by her someone presented the cheque which was cancelled earler in her name attempting to draw Rs. 6,00,000/- from the informant's bank account. It is also stated that the cheque book bearing the cheque leaf was in the custody of the petitioners for which she cancelled the whole cheque book itself. On the basis of the said FIR, the aforesaid Bhangagarh P.S. case No. 256/2021 under Section 420/406/511 IPC was registered.
3. Let case diary be called for fixing 22.06.2021.
4. Considering that the informant herself is not aware as to who deposited the cheque in the bank as apparent from the FIR, under such circumstances prima-facie I am satisfied to grant the interim bail to the petitioners namely Ashan Sharma and Jiwan Sharma in the event of arrest of the petitioners above named, in connection with the case aforementioned, they shall be released on bail on furnishing bail bond of Rs. 15,000/- each with a suitable surety of the like amount, to the satisfaction of arresting authority. The pre-arrest bail is granted on the following conditions:
(1) The petitioners shall not leave the territorial jurisdiction of the aforesaid police station, without prior written permission from its officer-in-charge,
(2) The petitioners shall not hamper with the investigation, or tamper with the evidence of the case,
(3) The petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer,
(4) The petitioners shall appear before the Officer-in-charge, Bhangagarh PS within 7(seven) days from today,
(5) The petitioners shall continue to appear before the Investigating Officer of the above mentioned case after every 10(ten) days from the date of first appearance till such time the attendance is dispensed with by the said investigating officer.
5. List accordingly.
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