Amit Gogoi v. The State of Assam

ORDER Date : 13-07-2023

Heard Mr. S. Deka, learned counsel for the petitioner. Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor for the State of Assam. By this application under section 439 Cr.P.C., the petitioner namely, Sri Amit Page No.# 2/3 Gogoi, is praying for regular bail, in connection with Bordubi P.S. Case No. 67/2023 under section 32(2)(b) of the PDPP Act read with section 15(2) of the Petroleum and Mineral Pipelines Act, 1962 read with section 7 of the Essential Commodities Act, 1955. The petitioner was arrested on 05.06.2023. The learned Additional Public Prosecutor for the State has produced the case diary and opposed the bail prayer on the ground that taking advantage of his projection as a News Reporter, the petitioner has taken a sum of Rs.2,00,000/- from the other persons. On perusal of the case diary, it reveals that the co-accused have implicated the petitioner for participating in the offence of manipulation of Pipelines and transportation of crude oil. The investigation carried out so far does not reveal the nature of offence committed by the petitioner as alleged in the FIR. Accordingly, this Court is inclined to release the petitioner namely, Sri Amit Gogoi on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with one suitable surety of like amount, to the satisfaction of the learned C.J.M. Tinsukia in connection with Bordubi P.S. Case No. 67/2023 under section 32(2)

(b) of the PDPP Act read with section 15(2) of the Petroleum and Mineral Pipelines Act, 1962 read with section 7 of the Essential Commodities Act, 1955. The bail is granted on the following conditions:

(i) The petitioner shall make himself available to the police or any other investigating agency or Court in the present case as and when required.

(ii) The 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 Court or to any police officer or temper with the evidence. He shall not, in any manner, Page No.# 3/3 try to overawe or influence or intimidate the prosecution witness.

(iii) The petitioner shall not obstruct the smooth progress of the investigation/trial.

(iv) The petitioner shall not misuse his liberty in any manner.

(v) The petitioner shall appear before the I.O within 15 days from the date of his release and he shall continue to appear till his appearance is dispensed with or charge-sheet is filed, whichever is earlier.

(vi) If the petitioner is found involved in any kind of such offence, it would be open to the I.O to apply the jurisdictional Court for cancellation of the bail of the petitioner. With the observations made above, the bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010136582023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2179/2023 AMIT GOGOI S/O LATE PROBIN GOGOI, R/O BORPATHAR, DOHUTIA ROAD, P.S. AND DIST. TINSUKIA, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. BHASKAR DUTTA, SENIOR ADVOCATE Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA