PRADIP KUMAR BASAK Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Sarma, learned counsel for the petitioner and Mr. D. Das, learned Additional Public Prosecutor for respondent, State of Assam.

(2.) This application under Section 438, Code of Criminal Procedure, 1973 (CrPC) has been preferred by the petitioner viz. Sri Pradip Kumar Basak seeking the benefit of pre-arrest bail, apprehending his arrest, in connection with Bharalumukh Police Station Case no. 759/2019, registered under Sections 294/420/406/506, Indian Penal Code (IPC).

(3.) The gist of the allegations made in the First Information Report (FIR), lodged on 21.11.2019, are, inter alia, to the effect that the informant, a resident of Guwahati, runs a business and deals in LPG Gas stoves. It has been alleged that the petitioner had taken LPG Gas stoves from the informant's business entity worth Rs. 20,68,638/- on different dates. Out of the said amount of Rs. 20,68,638/-, the petitioner had paid him Rs. 7,79,400/- till 21.11.2019 and the balance amount of Rs. 12,71,237/- was not paid by the petitioner. Notices were served by the informant on many occasions on the petitioner asking for the remaining amount. As the petitioner runs his business from Silchar, the informant had gone to Silchar in order to get back his money but on asking the petitoner money, it s alleged, he was abused and threatened by the petitioner. Failing in his demand to recover his money he came back from Silchar and lodged the FIR.