BITEM LEGO Vs. RODING PERTIN

JUDGEMENT

(1.) This application U/s 439 (2) of the Code of Criminal Procedure, 1973 is directed against the order dated 13.07.03 passed by the Deputy Commissioner, Lower Dibang Valley District, Roing granting absolute pre arrest bail to the respondents.

(2.) The facts are not in dispute. The petitioners lodged an FIR against the respondents on 05.07.04 inter alia making allegations of falsification of documents towards constitution of a co-operative Society for the purpose of siphoning Government money. Allegation was also made that some of the respondents being Government servants could not have become members of the Co-operative Society in violation of relevant conduct rules. On the basis of the FIR a case being Dambuk P.S. case No. 12/04 U/s 468/420/ 406/409 of the IPC was registered against the respondents.

(3.) Within a week of filing of the FIR, the respondents moved an application U/s. 438 of the Cr. P.C. before the Deputy Commisioner, Roing for pre-arrest bail. In the application they admitted that two of them were Government servants and the respondent No 1 was the Minister of Environment and Forest, Government of Arunachal Pradesh. Apart from making general submissions like Allegations being false and no likelihood of then being absconded, no other grounds were urged by the respondents in their bail application praying for pre-arrest bail.