Pankaj Boro v. The State of Assam

ORDER 30-05-2023 Heard Mr. B. D. Konwar, learned Senior Counsel assisted by Ms. Zomuanpuii, learned counsel for the petitioner and Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam for the State. By this application under Section 439 CrPC, the petitioner, namely, Pankaj Boro is seeking bail in Changsari P.S. Case No. 67/2023 registered under Sections 420/468/471 IPC corresponding to G.R. No. 226(K)/2023, wherein, he was arrested on Page No.# 2/3

03.05.2023 and since then, he is in custody. As per the FIR of the case dated 26.02.2023, lodged before the Officer-in-charge of Changsari Police Station by one Bimala Boro, some unknown persons opened four fictitious accounts in their name in two different banks, namely, Punjab and Sind Bank as well as Assam Gramin Vikash Bank at Fancy Bazar Branch and Changsari Branch respectively and deposited certain cheques in those accounts and have also withdrawn such amounts that were relating to some land transactions. Accordingly, Changsari P.S. Case No. 67/2023 under Sections 420/468/471 IPC was registered. Petitioner was arrested on 03.05.2023 and his statement has also been recorded. Perused the case diary produced before the Court today by Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam. It is also seen that the Investigating Officer of the case have already seized the relevant Bank documents relating to said Punjab and Sind Bank relating to Account Nos. 15391000004461, 15391000004460 and 15391000004462 as well as the documents relating to Assam Gramin Vikash Bank Account No.7280010610798. Case diary reveals that the petitioner took cheques from one Niranjan Bhuyan to give it to some land owners for transactions of land between said Niranjan Bhuyan, who have already expired and the concerned land owners. The concerned Investigating Officer of the case already seized the Bank Accounts and also seized the accounts related documents. Considering the above and the period of detention of the petitioner in custody since 03.05.2023, the Court is of the view that further custodial detention of the petitioner is not warranted to investigate the said Changsari P.S. Case No. 67/2023. As such, this bail application of the petitioner in said Changsari P.S. Case is accepted. Accordingly, the petitioner, namely, Pankaj Boro, be released on bail in said Changsari P.S. Case No. 67/2023, on furnishing a bail bond of Rs.2,00,000/-, with 4 Page No.# 3/3

(four) local sureties of the like amount, to the satisfaction of the learned Chief Judicial Magistrate, Kamrup, Amingaon on conditions that the petitioner shall – (i) appear before the Investigating Officer of said Changsari P.S. Case No. 67/2023 as and when he is required for necessary investigation of the case; (ii) not leave the territorial jurisdiction of the Changsari Police Station, without obtaining prior written permission from the concerned Investigating Officer of the case; (iii) not hamper with the investigation, or tamper with the evidence of the case and (iv) he 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 them from disclosing such facts to the Court or to any police officer, failing which, the bail granted to him in the aforesaid Changsari P.S. Case No. 67/2023 shall stand automatically vacated. Return the case diary herewith. Bail application accordingly stands allowed to the extent above. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010106942023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1770/2023 PANKAJ BORO S/O SUGEN CHANDRA BORO, R/O SINDURIGHOPA, NIZSUNDARIGHOPA, DIST-KAMRUP, ASSAM-781101, P.S. AND P.O.-CHANGSARI VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. B D KONWAR SR. ADV. Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK