Aparna Deka (Informant) v. Ajoy Kr Viswakarma

ORDER

30.07.2024 Heard Mr A M Bora, learned Senior Counsel for the applicant, Aparna Deka. Also Page No.# 2/3 heard Mr B M Choudhury, learned counsel for the respondent.

¶2This application is filed by the applicant, Aparna Deka, who is also the informant, whose FIR has been registered as Dispur PS Case No. 517/2024, under Sections 120(B)/403/420/406/409/477A of the Indian Penal Code, 1860.

¶3It is submitted by the learned Senior Counsel for the applicant that in Jagjeet Singh vs. Ashish Mishra; reported in (2022) 9 SCC 321, at page 331, it is held by Hon'ble the Supreme Court that- "24.2. Second, where the victims themselves have come forward to participate in a criminal proceeding, they must be accorded with an opportunity of a fair and effective hearing. If the right to file an appeal against acquittal, is not accompanied with the right to be heard at the time of deciding a bailapplication, the same may result in grave miscarriage of justice. Victims certainly cannot be expected to be sitting on the fence and watching the proceedings from afar, especially when they may have legitimate grievances. It is the solemn duty of a court to deliver justice before the memory of an injustice eclipses." Therefore, the informant has come forward to participate in the Anticipatory Bail Application of the petitioner as respondent No. 2 (informant).

¶4The respondent, Ajoy Kumar Viswakarma has filed a bail application being Bail Application No. 2043/2024. The informant/applicant is apprehending that if the respondent is enlarged on bail, investigation may be adversely affected as the respondent is the kingpin, who is involved in misappropriation and siphoning of funds of the customers in collusion with the custodians employed by Hitachi.

¶5The applicant has prayed to be impleaded in the above mentioned bail petition. Page No.# 3/3

¶6In the light of the decision of Hon'ble the Supreme Court in Jagjeet Singh (supra), this application is allowed and the applicant is impleaded as the respondent No. 2 in Bail Application No. 2043/2024.

¶7In terms of the above observations, this interlocutory application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010139092024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/672/2024 APARNA DEKA (INFORMANT) D/O MANOJ DEKA R/O H/NO.10 CHANDRANGIRI PATH PS. DISPUR PIN 781036 DISTRICT KAMRUP METRO ASSAM VERSUS AJOY KR VISWAKARMA S/O LATE KUMAR VISWAKARMA R/O BIRKUCHI KARBIDEHAL PATH KRISHNA NAGAR NARENGI P.S.-NOONMATI, KAMRUP (M) ASSAM ------------ Advocate for : MR VIKRAM ADITYA CHOWDHURY Advocate for : MR. B M CHOUDHURY appearing for AJOY KR VISWAKARMA BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND