Dipjoy Kalita v. The State of Assam

ORDER

17.10.2023

Heard Mr. N. Anand, 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 Dipjoy Kalita 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. N. Anand, learned counsel appearing for the accused petitioner, submits that the accused petitioner, who is a Home Guard by profession and a vehicle driver, has been languishing in jail for 46 days for carrying out on good faith the command of the Superintendent of Police, Bajali. Mr. Anand further submits that as he has undergone interrogation while in police custody, his case for bail may be considered favourably.

¶5Opposing the bail application, Mr. M. Phukan, learned Public Prosecutor, submits that the accused petitioner, who is a casual Home Guard of the Superintendent of Police, and Police Reserve, Bajali, acted as collector of Rs.10 lakhs from the sister of the informant and signed cheques of State Bank of India numbering 23 and in handing over the same to the Superintendent of Police and caused erasing the data contained in the laptop of the Superintendent of Police on being asked by the later through a private computer technician and then, concealed the said laptop knowing in advance about the visit of a CID team for enquiry into their illegal acts. Therefore, Mr. Phukan submits, at the present stage of investigation, if the accused is released on bail, the ongoing investigation into the case is likely to be adversely 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 Page No.# 3/5

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 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 Page No.# 4/5 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

02.09.2023, that is, for 46 days.

¶8A perusal of the case diary reveals prima facie abundance of incriminating evidence of the accused petitioner's various criminal acts in connivance with the Superintendent of Police, Bajali and other police personnel in collecting extorted money amounting to Rs.10 lakhs and signed cheques from the sister of the informant, as has been submitted by the learned Public Prosecutor based on the case diary. It is further revealed that the accused petitioner eliminated electronic evidence and concealed the incriminating laptop of the Superintendent of Police, Bajali by way of placing the same at a house belonged to a private person without the knowledge of its owner. Although there is prima facie evidence showing that the accused petitioner acted as per request made in hush-hush manner by a senior most police officer of the district, he appears to had knowledge on the illegal affairs behind such objectionable acts. The investigation into the various vital aspects that surfaced in the meantime in the Page No.# 5/5 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 prima facie manifests unholy nexus between the accused petitioner and senior-most police officer of Bajali district as well as private persons, the ongoing investigation into the case is likely to be adversely affected and that would certainly be prejudicial to the statutory right of a fair and unhindered investigation by police.

¶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 GAHC010235132023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3731/2023 DIPJOY KALITA SO LATE DHARMESWAR KALITA R/O SORUPETA P.O. SORUPETA P.S. PATACHARKUCHI DIST. BAJALI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. N ANAND Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR