Rhituraj Gogoi v. Central Bureau of Investigation

ORDER Date : 11.11.2024

Heard Mr. S.Chauhan, learned counsel for the petitioner. Also heard Mr.M.Haloi, learned Special Public Prosecutor, CBI. Page No.# 2/3 This application under section 482 of the Bharatiya Nagarik Surakshya Sanhita, 2023 has been filed by the petitioner, namely Rhituraj Gogoi praying for pre-arrest bail apprehending arrest in connection with AC-II Delhi P.S. Case RC2172024A0011 dated 05.08.2024 under Section 13 (2) r/w Section 13

(1) (e) of PC Act. The allegation against the petitioner is that he acquired disproportionate assets during the period of his service from 01.04.2015 to 17.01.2024. Learned counsel for the petitioner submits that the allegation against the petitioner of accumulating assets disproportionate to his known source of income is not correct. The father of the petitioner was employed as Junior Warrant officer for 20 years and he received handsome amount as retirement benefits and the mother of the petitioner is a pensioner. The income of the petitioner is within known source of income of the petitioner and his family and no offence is committed as alleged by the CBI and as such, benefit of pre-arrest bail may be extended to the petitioner. Learned Special Public Prosecutor, CBI submits that the investigation is at initial stage and no notice was even served to the petitioner. If the petitioner is granted relief, then there is every possibility that the accused may hamper the progress of investigation. I have heard the parties and perused the case diary. A perusal of the case diary reveals prima facie incriminating material against the petitioner. The investigation is also at the initial stage. Therefore, this Court is not inclined to grant the privilege of pre-arrest bail to the petitioner at this stage. Page No.# 3/3 Accordingly, the pre-arrest bail application stands rejected and disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010207252024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2709/2024 RHITURAJ GOGOI S/O LATE BASANTA KR. GOGOI VILL- CHABUA, P.O. HATIALI P.S. CHABUA DIST. DIBRUGARH, ASSAM PIN-786184 VERSUS CENTRAL BUREAU OF INVESTIGATION THROUGH PUBLIC PROSECUTOR, CBI Advocate for the Petitioner : MR. D C BORAH, MR. P MAZUMDER,M. BORUAH,MR. S CHAUHAN Advocate for the Respondent : SPL. PP, C.B.I., BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI