Raju Kr Bordoloi @ Raju Bordoloi and 2 Ors v. The State of Assam

ORDER Date : 09.06.2023 Heard Mr. S. M. Abdullah P, learned counsel appearing for the petitioners. Also heard Mr. B.B. Gogoi, learned Additional Page No.# 2/5 Public Prosecutor appearing for the State of Assam.

¶2The bail application has been preferred by the petitioners, namely, 1. Raju Kumar Bordoloi, 2. Niyamat Ali, 3. Mustafizur Rahman are seeking bail in connection with Bhelowguri P.S. Case No. 29/2023 registered under Sections 120B/420/409/468/34 of IPC.

¶3It is submitted that a complaint was lodged by the complainant, one Amir Uddin against the BDO, the Gaon Panchayat Secretary, Computer Assistant, Gaon Panchayat Members making allegations that Government dwelling houses were allotted in the names of the complainant and witnesses. However, the construction of the said houses have not been completed and when the complainant and other witnesses approached the authorities concerned, no concrete answer was given to them. That apart it is further alleged that all the accused persons had forged several job cards by using the names of other persons and withdrew money and thereby misappropriated government money. As a consequence of the illegal activities carried on by the accused persons the complainant and the witnesses were deprived from getting the government houses. It is submitted that although complaints have been made before the various authorities no fruitful answer was given to the petitioner.

¶4The said complaint was received and registered as Bhelowguri P.S. Case No. 29/2023 registered under Sections 120B/420/409/468/34 of IPC. During the investigation which is Page No.# 3/5 carried on in pursuant to the said FIR.

¶5It is stated that the petitioners No.1 and 2 are working as the Gram Rozgar Shayak (GRS) and petitioner No.3 is working as a Computer Assistant of Tulshibori Gaon Panchayat.

¶6Learned counsel for the petitioners submits that they are made of a scapegoat of some political conspiracy because of which they have been taken into custody in connection with the aforesaid case. Learned counsel for the petitioners submitted that all necessary documents have already been taken into custody by the Investigating Officer. Their statement has been recorded and therefore no further detention is necessary and the petitioners be released on bail.

¶7Upon due perusal of the case dairy, it is seen that the matter is under investigation and charge-sheet has not been filed. Perusal of the case diary does not reveal any incriminating materials against the petitioners at this stage of the investigation. Their statements have been recorded. Necessary documents are stated to be available with the Investigating officer.

¶8Considering the extent of investigation being carried on and the period of detention undergone, this Court is of the view that although the charge-sheet has not been filed, further custodial detention of the petitioners are not required. No materials are also seen to suggest that release of the petitioners on bail at the stage will hamper the investigation.

¶9Upon hearing the learned counsels for the parties and Page No.# 4/5 upon due perusal of the case dairy and also taking into account the period of detention undergone by the petitioner, this Court is of the view that the prayer for bail made by the petitioner can be allowed.

¶10Accordingly, petitioner is directed to be released on bail forthwith subject to executing a bail bond of Rs.30,000/-(Rupees thirty thousand) only with one local surety of like amount to the satisfaction of the Chief Judicial Magistrate, Morigaon. The bail, granted however, subject to the following conditions:-

i) The petitioners shall continue to appear before the police and cooperate with the Investigating Officer as and when required, till completion of investigation.

ii) The petitioners shall not change her residence or place of business, without prior written permission from the Court of Chief Judicial Magistrate, Morigaon.

iii) That the petitioners shall not hamper or tamper with the investigation in any manner; and

iv) That the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person/witness acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer in Page No.# 5/5 connection to this Police Station Case.

¶11If any of the conditions are found to be violated by the petitioners then the Investigating Officer shall be at liberty to seek cancellation of the bail granted to the accused.

¶12With the above direction, the bail petition is accordingly allowed and disposed of.

¶14Return the Case Dairy.

JUDGE Comparing Assistant

Page No.# 1/5 GAHC010122832023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1977/2023 RAJU KR BORDOLOI @ RAJU BORDOLOI AND 2 ORS S/O LT BANESWAR BORDOLOI R/O BOTABARI P.S LAHARIGHAT DIST. MORIGAON ASSAM 2: NIYAMAT ALI S/O ABDUL RAHIMI R/O TENGAGURI KACHARIGAON P.S. LAHARIGHAT DIST. MORIGAON ASSAM 3: MUSTAFIZUR RAHMAN S/O HUSSAIN ALI R/O KUPUTIMARI P.S BHURAGAON DIST. MORIGAON ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S M ABDULLAH P Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA