Rajiv Saikia v. The State of Assam

ORDER

23.01.2024 Heard Mr B Chowdhury, learned counsel for the petitioner, Sri Rajiv Saikia.

¶2The petitioner has filed this application under Section 439 CrPC, with prayer for Page No.# 2/3 bail, as he is behind bars since 09.01.2024, in connection with ACB PS Case No. 08/2024, under Section 120(B) IPC, read with Section 7(a) of the Prevention of Corruption Act, 1988.

¶3Heard Mr D P Goswami, learned Additional Public Prosecutor for the State of Assam.

¶4The learned Additional Public Prosecutor has submitted that bail petition cannot be considered without perusal of the Case Diary.

¶5I have considered the submissions at the Bar.

¶6It is submitted on behalf of the petitioner that notice under Section 41-A CrPC was not issued against the petitioner and, thereafter, Section 120(B) IPC, read with Section 7(a) of the Prevention of Corruption Act, 1988.

¶7The allegation against the petitioner is that when the informant went to obtain sale permission for a plot of land covering Dag No. 43, Patta No. 52, measuring 1 Bigha 1 Katha 1 Lecha at Bechapati Gaon. The petitioner earlier demanded Rs. 12,000/- and, thereafter, he reduced the amount to Rs. 9,000/-. The informant was not willing to pay and then, he informed the matter to the Anti-Corruption Bureau.

¶8It is submitted that an offer has been alleged, but there is no acceptance and the offence is not complete.

¶9It is also submitted that the petitioner has been languishing in jail for 24 days. Page No.# 3/3

¶10I have considered the submissions at the Bar with circumspection.

¶11I have considered the submission that further custodial detention for the progress of investigation may not be required.

¶12The allegation against the petitioner is clear from the FIR.

¶13I have considered the submission that the petitioner is a local resident and he is not a flight risk. The petitioner is also willing to abide by any bail conditions, if imposed upon him.

¶14Considering all aspects, petition is allowed. The petitioner is enlarged on bail of Rs. 30,000/-with a suitable surety of the like amount to the satisfaction of the learned Special Judge, Assam, Guwahati, under the conditions that:-

i) the petitioner shall refrain from such activities with which he is alleged, and

ii) the petitioner shall not tamper with the evidence or try to influence the witnesses. On breach of any bail conditions, bail order shall stand cancelled.

¶15Bail Application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010012362024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./218/2024 RAJIV SAIKIA LOT MANDAL OF NO. 1 AND LOT NO. 6 OF LALUK MOUZA, UNDER BIHPURIA REVENUE CIRCLE, LAKHIMPUR. S/O LATE DULAL SAIKIA R/O VILL- NO. 1 TENGAPATHAR P.O. RAIDANGIA P.S. NARAYANPURI DIST. LAKHIMPUR, ASSAM M/NO. 70020-34964 AND 7002607587 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND