Bail can be Cancelled if obtained by suppressing Material Facts, rules HC

In a significant ruling on bail jurisprudence under the Bharatiya Nagarik Suraksha Sanhita, 2023, the Gauhati High Court has intervened in a high-value jewellery theft investigation involving allegations of fraud and misrepresentation. The decision centres on whether anticipatory bail granted by a Sessions Court in Cachar was obtained by suppressing material facts relating to employment status and alleged theft of jewellery worth over Rs.1.34 crore.

The dispute arose after the Director of a private jewellery showroom lodged an FIR alleging that its former store manager misappropriated expensive ornaments and later went untraceable. While the accused was granted anticipatory bail by the Sessions Court, the petitioner challenged the order before the High Court, alleging that the accused falsely claimed resignation from service prior to the incident and misled the Court.

It was argued that attendance records, event participation, and financial transactions all indicated continued employment at the time of the alleged offence, thereby undermining the defence narrative.

The Court, after examining the case diary and investigation records, found material contradictions in the accused’s version, particularly regarding the alleged resignation email and employment timeline. It noted that the email used for resignation was not linked to the organisation, while other records suggested active employment during the relevant period. Significantly, the Court observed that “the theory of resignation was a false one invented to escape criminal liability,” concluding that the bail order was obtained by misrepresentation and fraud.

Holding that suppression of material facts vitiates the grant of liberty, the Court set aside the anticipatory bail order and directed cancellation of bail.

Case Title: Prasun Banik Vs. The State of Assam and Anr.

Case No.: Crl.Pet./1352/2024

Coram: Hon’ble Mr. Justice Pranjal Das

Advocate for the Petitioner: Adv. R J Das, Adv. N Baruah

Advocate for the Respondent: PP, Assam, Adv. Sabnam Ahmed, Adv. B D Chowdhury

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