Subhash Chandar v. The State of Assam

ORDER

17.10.2023

Heard Mr. K. Goswami, learned Sr. Counsel appearing for the accused petitioner. Also heard Mr. M. Phukan, learned Public Prosecutor, Gauhati High Court appearing for the State respondent.

¶2By this petition under Section 439 Cr.P.C., the accused petitioner, namely Subhash Chandar 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. K. Goswami, learned Sr. Counsel appearing for the accused petitioner, submits that the present accused is the husband of co-accused Gayatri Sonowal, Addl. Superintendent of Police, Bajali and he has been languishing in jail for 45(forty five) days without having involved in the commission of the alleged offences in connivance with either his wife or other police officials etc. of the district. It has been submitted that the accused petitioner has undergone extensive interrogation in police custody for 5 days and as such, further continuation of his detention for the purpose of investigation into the case may not be warranted. Mr. Goswami submits that the accused is not named in the F.I.R. which is lodged after inordinate delay of 40(forty) days without any explanation and as such, it casts a doubt on the authenticity of the allegations made therein. It has been further submitted that the entire allegations made Page No.# 3/6 against the accused petitioner are false, concocted and untenable in the eyes of law as the same are based on the statements of the co-accused persons. Mr. Goswami submits that no incriminating weapon or any other material or gadgets of any sort has been recovered and seized from the possession of the accused. According to Mr. Goswami, learned Sr. Counsel, the penal offences under which the case has been registered do not satisfy the ingredients thereof in the context of the facts and circumstances of the instant case. Therefore, Mr. Goswami submits that the accused petitioner may be directed to be released on bail subject to any condition(s).

¶5Opposing the bail application, Mr. M. Phukan, learned Public Prosecutor, submits that the prima facie evidence so far collected by the investigating officer reveals that the accused petitioner introducing himself as an encounter specialist put the informant under fear of death by showing firearm to extort a sum of Rs.2.5 crores and as such, he actively participated in the larger conspiracy narrated in the F.I.R. itself. Therefore, Mr. Phukan submits that if the accused is released on bail at the present stage of investigation, a fair and hindrance free investigation in the case may likely to be affected.

¶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 Page No.# 4/6 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 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 Page No.# 5/6 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 reveals that on 16.07.2023, while the informant was detained at Bhawanipur Police Outpost under the direction of co-accused senior police officers, the informant was taken out by one police officer and handed over to two other accused persons, who in turn took him to his factory at Kohara. At Kohara, the accused petitioner introducing himself as encounter specialist put the informant under fear of death by showing firearm to compel him to fulfil the demand for Rs.2.5 crores. It further prima facie appears that the accused petitioner concealed the second MacBook laptop, which was illegally received by his wife is yet to be recovered. The investigation into the various vital aspects that surfaced in the meantime in the course of collection of evidence 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 as a whole prima facie manifests unholy nexus between police officers of Bajali district and the accused petitioner, 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. Page No.# 6/6 Return the case diary. This disposes of the bail application.

JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010235132023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./3783/2023 SUBHASHoCHANDAR S/OoGURDEVoSINGH o PRESENTLYoRESIDINGoATo10THoAPBN oKAHILIPARA oUNDERoDISPURoP.S. oKAMRUPo(M) oASSAM oALSOoRESIDINGoAToDARRANGoCOLLEGEoROAD oOPPOSITEoLAWoCOLLEGE oP.S.-oTEZPUR oDIST.-oSONITPUR oASSAM.o PERMANENToRESIDENToOFo135 o30A oHUDIoMARDANAoGURDWAWA oANANDoNAGARoB oPATIALA oPUNJAB-o147001. oVERSUS THEoSTATEoOFoASSAM REP.oBYoP.P. oASSAM. o------------ oAdvocateoforo:oMR.oKoGOSWAMI Advocateoforo:oPP oASSAMoappearingoforoTHEoSTATEoOFoASSAM ooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/6 BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR