(1.) Heard Mr. V.K. Jindal, learned Sr. counsel appearing on behalf of the petitioner as well as Mrs. T. Yangi. B, learned AAG appearing on behalf of the State respondent.
(2.) The learned Sr. counsel for the petitioner has led this Court to the copy of the FIR dtd. 14/3/2023 lodged before the Officer-in-Charge, Tura Police Station, Tura, West Garo Hills by one Shri. Amit Kumar Jain Bohra against the petitioner herein. The same was taken on record registered as Tura P.S. Case No. 23(3) of 2023 under Sec. 420/468/471 IPC. The petitioner being named in the said FIR, has expressed apprehension of imminent arrest in course of investigation and has accordingly, under the provision of Sec. 438 Cr.P.C, approach this Court with this instant application.
(3.) The learned Sr. counsel has however fairly submitted that an earlier application for grant of pre-arrest bail was preferred before the learned Sessions Judge, Tura which was rejected vide order dtd. 25/4/2023. The said order has however not been impugned herein, though copy of the same has been annexed as Annexure-3 to this application. The learned Sr. counsel has then referred to the contents of the FIR to submit that that the dispute centers round a landed property situated at Fancy Valley, Tura, which property was gifted to the petitioner by his deceased grandfather (L) Deo Chand Jain Bohra. However, the complainant who is actually the elder brother of the petitioner, has filed the FIR asserting that the said land belong to one Smti. Kusum Gupta and on her behalf, has filed the FIR alleging perpetration of fraud and cheating by the petitioner as regard the registration of the said land before the authorities. This in essence, submits the learned Sr. counsel has the trappings of a civil dispute which ought not to have been brought before a criminal court by such FIR. However, without pursuing the merits of the dispute or the matter in question for the limited purpose of prayer for grant of pre-arrest bail, the petitioner has therefore prayed before this Court for relief thereto.