Page No.# 1/3 vs The State Of Assam
2023 Latest Caselaw 2668 Gua

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GAHC010147912023




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                  Case No. : AB/2363/2023

            DEEPESH BAJORIA AND ANR
            S/O- LALIT KISHORE BAJORIA, RESIDENT OF BLOCK C, EXOTICA GREEN
            APARTMENT, ZOO ROAD, GUWAHATI- 781005

            2: RONAK BAJORIA
             S/O- LALIT KISHORE BAJORIA
             RESIDENT OF BLOCK C
             EXOTICA GREEN APARTMENT
             ZOO ROAD
             GUWAHATI- 78100

            VERSUS

            THE STATE OF ASSAM
            REP. BY P.P., ASSAM



Advocate for the Petitioner   : MR. K N CHOUDHURY

Advocate for the Respondent : PP, ASSAM




                                    BEFORE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                          ORDER

04-07-2023

Heard Mr. J. Patowary, learned counsel for the petitioners. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor, Assam.

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This Anticipatory Bail petition under Section 438 of the Code of Criminal Procedure, 1973, has been filed by the petitioners, namely, Deepesh Bajoria & Ronak Bajoria, who are apprehending their arrest on the face of the allegations made/ telecasted in a local new channel alleging that the petitioners have links with the international batting roots and Hawala transactions. Learned counsel for the petitioners submits that the effects of publication of such news items are sufficient to cause apprehension in the minds of the petitioners to approach this Court for the prayer of anticipatory bail. Learned counsel for the petitioner further submits that under the provisions of Section 438 Cr.P.C., the Court has ample power to grant anticipatory bail in the event the petitioners is expressing apprehension in respect of the allegations made. That apart, the learned counsel for the petitioners has relied upon the judgment passed by the Apex Court in Sri Gurbaksh Singh Sibbia & Ors. vs. State of Punjab reported in (1980) 2 SCC 565. Relying on Sri Gurbaksh Singh Sibbia (supra), the learned counsel for the petitioners submits that the power to grant an anticipatory bail is inherent in the Courts and the power under Section 438 Cr.P.C is wide enough to grant protection to a person who approached the Court claiming the privilege of Section 438 of the Cr.P.C. and the registration of an FIR in such a case is not one of the conditions precedent for grant of anticipatory bail. What is required to be taken note by the Court while addressing the petition under Section 438 of the Cr.P.C. is the existence of apprehension of arrest for being taken into custody by the investigating agency on the basis of the certain allegations made.

Mr. R.J. Borah, learned Additional Public Prosecutor submits on instructions that no case is pending against the petitioners before the CID and/or Crime Branch. He, however, prays for further time to obtain detailed instructions in Page No.# 3/3

respect of the apprehension prescribed by the petitioners Accordingly, as agreed to by the learned counsel for the parties and on the basis of the apprehension expressed in respect of the allegations made in the anticipatory bail application, list the matter on 06.07.2023, on which date the depending upon the instructions that may be forthcoming from the learned Additional Public Prosecutor, Assam, the prayer for anticipatory bail of the petitioners will be considered.

Until the next date, no coercive action shall be taken against the petitioners without the leave of this Court.

List the matter on 06.07.2023.

JUDGE

Comparing Assistant