High Court of Meghalaya
Shri. Kishan Gupta vs . State Of Meghalaya on 19 October, 2022
Serial No. 02
Regular List
HIGH COURT OF MEGHALAYA
AT SHILLONG
AB No. 21 of 2022
Date of Decision: 19.10.2022
Shri. Kishan Gupta Vs. State of Meghalaya
Coram:
Hon'ble Mr. Justice W. Diengdoh, Judge
Appearance:
For the Petitioner/Appellant(s) : Mr. K. C. Gautam, Adv.
For the Respondent(s) : Mr. S. Sengupta, Addl. PP
i) Whether approved for reporting in Yes/No
Law journals etc.:
ii) Whether approved for publication
in press: Yes/No
JUDGMENT AND ORDER (ORAL)
1. Heard Mr. K. C. Gautam, learned counsel for the petitioner
who has submitted that the petitioner is a permanent resident of Happy
Valley, Shillong in the East Khasi Hills District of Meghalaya and is
presently residing at Gurgaon, Haryana where he is employed at White
Hat Junior, a private enterprise located at Gurgaon, Haryana.
2. The petitioner is aware of an FIR dated 17.08.2022 filed before
the Officer-in-Charge, Crime Branch P.S. (Eastern Range), Shillong
which was registered as Crime Branch P.S. Case No. 03(08) 2022 under
Section 420/468/471/34 IPC. The petitioner is also aware that two persons
have been arrested in connection with the said case.
3. It is also submitted that the petitioner came to know that the
police had gone to his residence at Happy Valley where his parents is
residing and have enquired about his whereabouts from his parents. In
fact, on 23.09.2022 he received a telephonic call from the I/O of the
aforementioned case, requiring his appearance before the said I/O in
connection with the said case.
4. Therefore, being highly apprehensive that he may be arrested
in connection with the said Crime Branch P.S. Case No. 03(08) 2022, the
petitioner has accordingly approached this Court with this application for
grant of pre-arrest bail under Section 438 Cr.PC.
5. The learned counsel for the petitioner has submitted that the
petitioner is not at all involved in the case as he was only an employee of
the firm run by Shri. Pankaj Gupta, one of the persons arrested in
connection with the said case and as an accountant of the firm, the
computer in which they used to work with was seized by the police for
which he was accordingly directed to appear before the I/O.
6. It is also submitted that the two persons who were arrested in
connection with the case has since been released on bail.
7. That the petitioner has just joined the firm at Gurgaon therefore
if arrested, his reputation and career prospects will be affected and as such,
prayer is made for grant of pre-arrest bail.
8. If granted bail, the petitioner undertakes to comply with any
conditions to be imposed by this Court and to cooperate with the
investigation of the case.
9. Mr. S. Sengupta, learned Addl. PP has submitted that the case
in question relates to an allegation of forgery of certain documents
submitted by M/s Yash Enterprise and M/s G. S. Khyriem who were
involved in a tendering process for supply of Group 'A' (Dry Ration) as a
result of which the Crime Branch has registered the aforementioned case
against them. In course of investigation, it was revealed that the computer
from which the alleged forged documents that were printed out was
operated by the petitioner herein and investigation is still in process.
10. The submission of the learned counsel for the petitioner is duly
noted and the case diary produced before this Court have also been
perused. The facts as indicated above would show that the petitioner has
admitted that he was working in a firm of one of the persons arrested in
connection with the case aforementioned and as such, in all probability he
is required to appear before the I/O. However, considering the nature and
gravity of the offence alleged, the computer in question having been
seized, the custodial questioning of the petitioner may not be necessary.
11. Accordingly, it is the considered opinion of this Court that the
petitioner be granted pre-arrest bail.
12. This petition is therefore allowed and the petitioner is directed
to be enlarged on bail, in the event of his arrest, if he is not wanted in any
other case, on the following conditions.
i. That he shall not abscond or tamper with the evidence and
witnesses;
ii. That he shall appear before the Investigating Officer as and
when required;
iii. That he shall not to leave the jurisdiction of India without
prior permission of the court; and
iv. That he shall furnished a personal bond of ₹ 30,000/-
(rupees thirty thousand) only with two solvent sureties of
like amount to the satisfaction of the concerned court.
13. The Registry to return the case diary.
14. Petition disposed of. No costs.
Judge
Meghalaya
19.10.2022
"Tiprilynti-PS"
