Kamal Chnadra Nath v. The State of Assam

ORDER Date : 10.04.2024

¶1Heard Mr. D. K. Nath, learned counsel for the petitioner. Also heard Mr. B. B. Gogoi, learned Additional Public Prosecutor for the State.

¶2This application under Section 438 of the Code of Criminal Procedure, 1973 has been filed by the petitioner, namely, Kamal Chandra Nath who is apprehending his arrest in connection with Basistha P.S. Case No. 85/2024 under Sections 406/420 of the Indian Penal Code. Page No.# 2/3

¶3The gist of accusation against the present petitioner is that one Ms. J. Bora, on 09.02.2024, had lodged an FIR before the Officer-In-charge of Basistha Police Station, inter alia, alleging that she came to be acquainted with the present petitioner through one Mr. Diganta Borah and the petitioner introduced himself as a senior member of Bharatiya Janta Party and also assured the informant he could arrange a flat from the Housing Board and demanded of Rs.37,00,000/- (Rupees Thirty Seven Lakh). The informant has also alleged that she had paid the amount of Rs.37,00,000/- (Rupees Thirty Seven Lakh) to the present petitioner on various occasions. However, the petitioner has not been able to arrange the flat as promised by him in return for the amount paid to him.

¶4The learned counsel for the petitioner has submitted that the allegations levelled against the present petitioner in the FIR are not true. It is also submitted that though the allegations is that Rs.37,00,000/- (Rupees Thirty Seven Lakh) was paid to the present petitioner, however, no written agreement to that effect has been made by the informant which is quite unnatural while dealing with such a huge amount of money. It is also submitted by the learned counsel for the petitioner that no documents are there to show that the present petitioner has taken the said amount through bank transfer or through any other mode.

¶5On the other hand, learned Additional Public Prosecutor has produced the case diary of Basistha P.S. Case No. 85/2024 and has submitted that the only material against the present petitioner is the oral testimony of the informant. However, no document was produced before the Investigating Officer to show that she had transferred an amount of Rs.37,00,000/- (Rupees Thirty Seven Lakh) to the petitioner on various occasion. Page No.# 3/3

¶6Considering the materials in the case diary, this court is of considered opinion that the materials available against the present petitioner in the case diary does not justify his custodial detention, if he otherwise cooperates in the investigation.

¶7In view of the above, the above named petitioner is hereby directed to appear before the Investigating Officer of Basistha P.S. Case No. 85/2024 within a period of ten days from the date of this order and cooperate in the investigation. If he does so, within the stipulated period of time, in the event of his arrest, in connection with Basistha P.S. Case No. 85/2024, the above named petitioner shall be allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) with one surety of like amount subject to the satisfaction of the arresting authority with following conditions:- i. That the petitioner shall cooperate in the investigation and shall appear before the Investigating Officer; ii. That the petitioner shall not directly or indirectly make any inducement, threat or promise to any other persons who may be acquainted with the facts of the case so as to dissuade such persons from disclosing such facts before the Investigating Officer; iii. That the petitioner shall appear before the Investigating Officer as and when so required for the sake of fair investigation of this case.

¶8With the above observation, this anticipatory bail application is hereby disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010042622024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/553/2024 KAMAL CHNADRA NATH S/O LATE BANGSHIDHAR NATH, VILL. AND P.O.- HABIBARRANGABARI, DIST.- MORIGAON, ASSAM, 782106. VERSUS THE STATE OF ASSAM REP. BY P.P., ASSAM. Advocate for the Petitioner : MS B SHARMA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA