Kishor Chandra Baruah @ Kishar Baruah v. The State of Assam

ORDER

17.10.2023

Heard Mr. I. Haque, learned counsel appearing for the accused petitioner. Also heard Mr. M. Phukan, learned Public Prosecutor, Gauhati High Court appearing for the State respondent. Page No.# 2/5

¶2By this petition under Section 439 Cr.P.C., the accused petitioner, namely Kishor Chandra Baruah @Kishar Baruah has prayed for grant of bail in connection with CID P.S. Case No.14/2023 registered under Sections 120B/341/342/448/294/323/307/ 379/387/427/506 of the IPC read with Sections 98(a)/99(3)(4)(5)(6) of the Assam Police Act, 2007.

¶3The case diary in 5 volumes, as called for, is placed before the Court.

¶4Mr. I. Haque, learned counsel appearing for the accused petitioner, submits that the accused has been languishing in judicial custody for 45(forty five) days despite he was not even remotely concerned with the commission of the alleged offences. Mr. Haque submits that from the F.I.R. itself it is amply clear that all the allegations of extortion, attempt to murder etc. are against police personnel, who were involved in the said case. Mr. Haque further submits that the accused is neither named in the F.I.R. nor any incriminating article has been seized from his possession. According to Mr. Haque, the allegation that the accused, who was the police informer, provided false information and based on such false information police conducted search in the house of the informant and other places owned by the informant for drugs is a concocted story, as if it is so, it was a duty cast upon the concerned police personnel to verify the authenticity of the information purportedly he supplied. Therefore, Mr. Haque submits that subject to any condition(s), the accused may be directed to be released on bail.

¶5Opposing the bail application, Mr. M. Phukan, learned Public Prosecutor, submits that the case diary prima facie reveals involvement of the accused petitioner in the larger conspiracy with the co-accused persons who are mostly senior police personnel of Bajali district to extort money and other materials from the informant. Therefore, Mr. Phukan submits, in the interest of the ongoing investigation, his bail application may be rejected at its present nascent Page No.# 3/5 stage.

¶6The brief facts of the case are that a complaint was lodged before the Chief Minister of Assam by one Rabiul Islam alleging, inter alia, that on

16.07.2023, at around 1.30 A.M., some police personnel forcefully entered into his dwelling house by breaking its door while he and his wife were asleep. When he and his family members raised alarm, they were assaulted by the police. The police team enquired from him about some drugs and cash. As the informant told the police party that he had no knowledge of any such drugs and cash or any deal, he was physically tortured for about 2 to 3 hours and his house was searched without any search warrant. The police ransacked his house and took away his car keys, passport, mobile handsets, bank passbook, ATM Cards, house keys and other valuable documents. Thereafter, the informant along with his cousin brother and maternal uncle were forcefully taken away, initially to Bhawanipur police outpost and later on to the residence of the Superintendent of Police, Bajali. There, he was interrogated by the Superintendent of Police, Bajali in presence of the In-Charge, Bhawanipur Police Outpost about the purported illegal articles and on his denial, he was again tortured by the Superintendent of Police and asked him to deal with him directly. Further, the Additional Superintendent of Police, Bajali asked him about 80 pieces of gold biscuits to which the informant replied that he had no knowledge and he was again physically tortured and taken back to Bhawanipur Police Outpost. There, the DSP and other police officials physically assaulted him for about 30 minutes and threatened with dire consequences. The police also ransacked the office of the informant and the house of his father-in-law without search warrant and registration of any police case. On 17.07.2023, at around 12.30 a.m., the In-Charge of Bhawanipur Police Outpost along with three other persons took the Page No.# 4/5 informant to the national highway near detergent factory at Kohara in a bolero vehicle without number plate and demanded an amount of Rs.2.5 Crores from him and threatened to encounter him by showing his links with Pakistani and Bangladeshi Jihadi elements. At Bhawanipur Police Outpost, the informant was forcefully made to pay a cash sum of Rs. 10 lakhs through his family members and 21 numbers of cheques of Rs. 10 lakhs each from the bank accounts of his mother. Further, the Additional Superintendent of Police, Bajali demanded another amount of Rs.2.5 crores and when the informant refused, he was released by taking signatures on blank papers and issued notice under Section 41A Cr.P.C. She also demanded money from the informant's sister through one Kishore Baruah and threatened to implicate him too in a false case, if her demands were not met. On 30.07.2023, the Additional Superintendent of Police, Bajali also asked the informant's brother-in-law to book an Innova car for her and Rs. 5 lakhs for releasing his valuable documents.

¶7It is noticed that the accused petitioner has been in judicial custody since

03.09.2023, that is, for 45 days.

¶8A perusal of the case diary prima facie reveals that the accused petitioner in connivance with the senior police officers of Bajali district caused raid in the house of the informant on the night of 16.07.2023 and picked up the informant to Bhabanipur Police Outpost ostensibly to find drugs. In this regard, it may be stated that no case was even registered by police and prescribed procedure was intentionally not observed by the raiding police party and some accompanying private persons. It is further prima facie revealed that the accused petitioner entered into a conspiracy with co-accused police officers/personnel to extort money from the informant by putting him in fear of killing by encounter and demanded huge amount of money and luxurious cars etc. from the relatives of Page No.# 5/5 the informant to ensure his release from police custody. The investigation is yet to be completed.

¶9For the reasons set forth above, this Court is of the opinion that if the liberty of bail is granted to the accused petitioner at the present stage of investigation into the case, which prima facie manifests unholy nexus between police officers and private persons, the ongoing investigation into the case is likely to be adversely affected and that would certainly jeopardize the statutory right of a fair and unhindered investigation.

¶10Accordingly, the bail application of the accused petitioner, named above, is rejected. Return the case diary. This disposes of the bail application.

JUDGE Comparing Assistant

Page No.# 1/5 GAHC010228692023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3614/2023 KISHOR CHANDRA BARUAH @ KISHAR BARUAH S/O LATE FATIK CHANDRA BARUAH R/O VILL- GARAPIT, P.O. SORUPETA, P.S. PATACHARKUCHI, DIST. BAJALI, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR I HAQUE Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR