MUSLIM ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. Borah, learned counsel for the petitioners and Ms. A. Begum, learned Additional Public Prosecutor for the respondent, State of Assam.

(2.) This application under Section 438, Code of Criminal Procedure, 1973 (CrPC) has been preferred by the petitioners, viz. 1) Muslim Ali, 2) Abdul Jalil, and 3) Kamalesh Kumar Chaurasia, praying for pre-arrest bail, apprehending their arrest, in connection with Bhangagarh Police Station Case no. 216/2020, registered under Sections 120B/406/420/34, Indian Penal Code (IPC).

(3.) In the First Information Report (FIR) lodged on 09.06.2020, the informant has stated that he had entered into an agreement for development of a plot of land with the 4 (four) accused persons named in the FIR. The present 3 (three) petitioners are named as accused no. 1, accused no. 2 and accused no. 3 respectively in the said FIR. The agreement for development of land was in respect of a plot of land measuring 2 kathas situated at revenue village-Japorigog, Mouza-Beltola. The informant has brought the allegations that the accused persons received advanced money and handed over possession of the said plot of land to him. It is also said that an irrevocable general power of attorney dated 03.08.2017 was executed by the accused persons in his favour. Thereafter, he obtained building permission from the concerned authorities and started the development works in the plot investing huge amount. Alleging that the accused persons had again executed an agreement and a general power of attorney in favour of a 3rd party, the present FIR has been lodged.