NILEN HAZARIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. T. Baidya, learned counsel for the petitioner and Mr. T.K. Misra, learned Additional Public Prosecutor for the respondent, State of Assam.

(2.) By this application under Section 438, Code of Criminal Procedure, 1973 (CrPC) has been filed praying for pre-arrest bail of the petitioner, viz. Sri Nilen Hazarika, apprehending his arrest, in connection with Biswanath Chariali Police Station Case no. 168/2020, registered under Section 420, Indian Penal Code (IPC).

(3.) In the First Information Report (FIR) lodged on 29.06.2020, the informant has stated that he, on 05.04.2020, entered into an agreement for sale of a plot of land measuring about kathas situated in Village - Koch under Biswanath Revenue Circle. It is mentioned that the sale consideration was fixed at Rs. 3,50,000/- per katha. It is further stated that out of the total consideration amount, the informant had paid an amount of Rs. 5,00,000/- to the petitioner who is the owner of the said plot of land. The informant has brought the accusation that the balance amount was to be paid after handing over possession of the plot of land but the petitioner failed to hand over possession to him despite request. The informant asked the petitioner to return the amount paid as an advance but the petitioner has been avoiding the same on one pretext or another.