HC denies pre-arrest bail as petitioner failed to prove genuineness of his GST payment

MD Faruk Alam Vs State of Assam (Gauhati High Court)

This is an application under MD Faruk Alam Vs State of Assam (Gauhati High Court) Section 438 Cr.P.C., praying for pre-arrest bail by the petitioner, namely, Md. Faruk Alam, in connection with Abhayapuri Police Station Case No. 456 of 2021, registered under Sections 379/468/420/411 of the IPC.

Heard Mr. H. Das, learned counsel for the petitioner and Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam for the Respondent State.

The case diary produced has been perused including the order of this Court, dated 06­10-2021. In accordance with the said order, the Assistant Commissioner of Taxes, Bongaigaon, has reported that there is no record of the vehicle and there is also no proper document to support transportation of goods by the said vehicle as indicated by the petitioner in his petition as well as in the complaint.

That being so, whatever papers submitted by the petitioner to prove the genuineness of his GST payment appears not only to be incorrect, but false also.

Accordingly, the prayer for pre-arrest bail made by the petitioner is rejected.

The petition stands disposed of accordingly.

Return the case diary.

The letter, dated 04-10-2021, issued by the Assistant Commissioner of Taxes, Bongaigaon, be kept in the record for future reference.