Biraj Borgohain @ Biraj Borgahain v. The State of Assam

ORDER Date : 10.03.2023

Heard Mr. A Chaudhury, learned counsel for the accused petitioner as well as Mr. RJ Baruah, learned Addl. P.P., Assam for the State respondent. By this petition under Section 439 Cr.P.C., the accused-petitioner, namely, Biraj Borgohain @ Biraj Borgahain has prayed for grant of bail in connection with Teok P.S. Case No.237/2022 under Section 379 of the IPC r/w Section 3 of the PDPP Act and Section 23 of Page No.# 2/3 the Petroleum Act. The case diary is placed before the court. The FIR reveals the allegation that on 29.10.2022, the Oil India Limited vendor's while carrying out maintenance activities spotted some digging at PLKM 107.95 and out of the said location, two unauthorised valve fittings related to pilferage activity were found. The crude oil pipeline was found to have been punctured for the theft of crude oil in the said location. It is noticed that the accused petitioner has been in judicial custody for 47 days since

22.01.2023. Perusal of the case diary reveals that the accused petitioner is a businessman by occupation. He has been stated to be implicated in another case of similar nature. It is further noticed that the present accused petitioner is not named in the FIR. However, in course of investigation, six other persons were arrested and based on their statements, the present accused petitioner has been arrested. No incriminating material has been recovered and seized out of his possession. It is therefore, seen that he has been arrested prima facie on mere suspicion. Investigation has also substantially progressed in respect of the alleged complicity of the accused petitioner. Therefore, this Court is of the considered opinion that further detention of the accused petitioner beyond 47 days which he has already undergone in detention is not warranted. In the premises, it is provided that the accused petitioner named above shall be released on furnishing bail bond of Rs. 50,000/- ( Fifty Thousand) with one surety of like amount to the satisfaction of the learned CJM, Jorhat, subject to the following conditions- :

(i) That the accused petitioner shall cooperate with the Investigating Officer as and when required;

(ii) That the accused petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Police Officer or the Court; and

(iii) That the accused petitioner shall refrain from committing any Page No.# 3/3 similar offence in future, of which he is accused of commission. This disposes of the bail application. Return the case diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010034082023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./535/2023 BIRAJ BORGOHAIN @ BIRAJ BORGAHAIN S/O LT. BHUPEN BORGOHAIN R/O JANATA PATH P.S. DEMOW DIST. SIVASAGAR ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. B K MAHAJAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR