Dibakar Barman v. The State of Assam

ORDER Date : 09-03-2023 Heard Mr. B. Kaushik, learned counsel for the petitioner. Also heard Mr. K.K. Das, learned Addl. P.P., Assam for the State respondent This petition under Section 438 Cr.P.C. has been filed seeking pre-arrest bail of the petitioner, namely, Shri Dibakar Barman in connection with Dwarbond P.S. Case No. 12/2023 under Sections 177/211/354/509 of the IPC. It is submitted by the learned counsel for the petitioner that from the statement made in the FIR no case has been made out either any of the sections under which the case has been registered. However, the FIR was registered on the complaint of the Registrar, Assam University, Silchar against the petitioner Page No.# 2/2 that the petitioner has raised some unfounded allegations against Dr. Ajita Tiwari, Head of the Department In-charge, Department of Agricultural Engineering, Assam University, Silchar. However, it is submitted by the learned counsel for the petitioner that the petitioner was appointed as Laboratory Attendant (ST) since last 2017 at consolidated fixed remuneration of Rs. 10,000/- per month. The petitioner requested on several occasions for the further extension of his service after serving till the month of June, 2022. As the service of the petitioner was not extended the petitioner asked for release of his salary for the month of May, 2022 and June, 2022 but the petitioner's file was not processed for releasing his salary and extension of his service. And with some false and concocted allegations F.I.R. has been lodged and hence finding no other alternative the petitioner has approached before this Court by filing the present petition under Section 438 Cr.P.C. seeking pre-arrest bail. In this context, the learned Addl. P.P. has submitted that after obtaining the interim pre-arrest bail the petitioner appeared before the I.O. and he was interrogated by the I.O. It also reveals that the statement of both the victim as well as the informant has already been recorded by the I.O. It is seen that the accused denied all the allegations made against her. It is reported by the I.O. that during the course of investigation the allegations made against Dr. Ajita Tiwari, Head of the Department In-charge, Department of Agricultural Engineering, Assam University, Silchar has also been examined. Further, it is submitted that if the petitioner is granted pre-arrest bail she may be directed to co-operate with the investigation of this case. After hearing the submissions of the learned counsel for the parties and considering the materials so far collected against the petitioner, I find that custodial interrogation is not necessary in this case and fit to extend privilege of pre-arrest bail to the present accused petitioner and accordingly the interim pre-arrest bail granted on 06.02.2023 is hereby made absolute with the same directions and conditions. The bail application is disposed of. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010022992023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/334/2023 DIBAKAR BARMAN S/O- SRI PRADIP BARMAN, R/O- VILL.- BALIRBOND, P.O. CHANDRANATHPUR, P.S. KATHIGORA, DIST. CACHAR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR B KAUSHIK Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA