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2018 DIGILAW 1506 (GAU)

HARSHAJYOTI BORA v. STATE OF ASSAM

2018-10-05

RUMI KUMARI PHUKAN

body2018
JUDGMENT : RUMI KUMARI PHUKAN, J. 1. Heard Mr. N Dutta & Mr. N. N. B. Chaudhury, learned counsel for the petitioners. Also heard learned PP, Assam. 2. Both the applications are taken together for disposal as arising out of the same Dibrugarh PS Case No. 936/2016. 3. By this application u/s 439 accused petitioners namely Amarjit Das and Harshajyoti Bora have sought for bail u/s 439 of CrPC in connection with Dibrugarh PS Case No. 936/2016 (G. R. Case No. 3149/2016, subsequently registered as Special Case No. 02/2017) under sections 7/13 (1) (a) (b) (d) (2) of the Prevention of Corruption Act read with Section 120 (B)/420/463/468/471/471 (A)/201 IPC, pending before the learned Special Judge, Guwahati, Assam. 4. I have heard the submissions of learned counsel for all applicants as well as the learned public prosecutor, Assam. 5. The present two bail applicants being similarly situated to the other batch of accused persons, who were arrested on 8.11.2017, whose bail applications has been allowed by this Court by its order dated 4.10.2018 in a batch of bail applications Nos. 1368/2018, 1755/2018, 2008/2018, 2039/2018, 2019/2018, 2021/2018, 2034/2018, 2199/2018, 2023/2018, the matter of present petitioners is also squarely covered by the observation made by this Court. 6. With the same findings and observations made in the aforesaid order present two applicants shall also be released on bail with the following conditions. (a) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the Court or to any other authority. (b) The applicant would surrender their passport to the Trial Court and will swear affidavit if they have no such passport. (c) They would not leave the territorial limits of the city of Guwahati without the written permission of the Trial court and without informing the investigating agency. (d) They would report before the Trial court and the investigating officer once a month, till the investigation in the case is completed in full. (e) They would cooperate with the investigation and would always be available to be interrogated by the investigating agency. (f) Any other condition as the Trial Court may consider to be appropriate, can be added if and as and when necessary. (e) They would cooperate with the investigation and would always be available to be interrogated by the investigating agency. (f) Any other condition as the Trial Court may consider to be appropriate, can be added if and as and when necessary. It is hereby, clarify that breach or non-compliance with any of the above conditions would entail immediate cancellation of the bail granted, either suo motu or on any complaint made by any quarter whatsoever. Apart therefrom, such a breach or non-compliance would be viewed very seriously and would visit the applicant with stringent adverse consequences as contemplated in law. The Trial court as well as the investigating agency are directed to keep continuous vigil in the matter so as to, if need be, bring to the notice of the trail Court any conduct or action of the applicant warranting recall of this order. Both the bail applications are disposed of accordingly.