ANOWARA BEGUM Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an application made under Section 438 Cr.P.C., seeking pre-arrest bail by the petitioner, namely, Anowara Begum in connection with Noonmati PS Case No. 22/2021, registered under Sections 406/420/506/34 of IPC.

(2.) Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor, who has produced the case diary and perused the same.

(3.) The allegation in the FIR is that although the petitioner herein entered into an agreement with the informant and his two brothers to sell a plot of land and an advance amount of Rs.21,00,501/- was paid at the time of agreement for sell but subsequent thereto the aforesaid deed was cancelled and total advance money was returned to the informant. During investigation, the IO has seized all the documents including the deed of cancellation which reveals that the entire advance money that was taken by the informant was returned by the accused petitioner. Whereas, according to the informant the entire money was not paid. It appears that the matter is civil in nature and custodial interrogation of the accused petitioner appears to be unwarranted. Accordingly, the interim bail granted to the petitioner is hereby made absolute.