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2020 DIGILAW 433 (GAU)

Papu Boruah v. State Of Assam

2020-03-30

AJAI LAMBA

body2020
JUDGMENT 1. (1) Sri Papu Boruah; (2) Sri Jiten Bora; (3) Sri Madhujya Borah; (4) Sri Biswa Gogoi @ Biswajit Gogoi; and (5) Sri Debananda Phukan have filed this application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 in Bihpuria P.S. Case No.100/2020 under Section 143/364(A)/387 I.P.C. corresponding to G.R. Case No.515/2020. 2. The Court proceedings have been conducted by means of creating a Virtual Court with the help of technology, so as to maintain distance between the staff, Advocates and the Presiding Judge. 3. I have heard Mr. L. Mohan, learned counsel for the applicants and Mr. N.J. Dutta, learned Additional Public Prosecutor, Assam for the respondent. 4. I have gone through contents of the FIR. As per the FIR, wife of the victim has accused the applicants of kidnapping her husband and extorting Rs.40,000/- for his release on 24.02.2020. The FIR was registered on 7.3.2020. 5. Learned counsel for the applicants has vehemently argued that there is a delay of 12 days in registration of the FIR. Even the mobile number of the accused, or the complainant has not been given in the FIR. The time and place of incidence, which would be the relevant factors, have also not been indicated. 6. It has also been argued that the victim has been found involved in committing offence vide Bihpuria P.S. Case No.91/2020 under Section 21(b)/22(b) of NDPS Act. The victim Rahul Borah was taken in custody on 7 th /8 th March, 2020. The victim and his wife have suspicion that it is at the instance of the applicants that Rahul Borah was taken in custody. 7. Considering the totality of the facts and circumstances of the case, as brought out through contention of learned counsel for the applicants, I find this to be a fit case for grant of anticipatory bail. False implication of the applicants cannot be ruled out. The relevant particulars of the incident have also not been given in the FIR at issue. 8. The application is allowed. The applicants be released on bail to the satisfaction of the arresting/Investigating Officer. 9. The applicants are directed to give complete cooperation to the investigating agency. The applicants shall not intimidate or influence any of the witnesses. The applicants shall not delay the process of investigation or trial. 10. 8. The application is allowed. The applicants be released on bail to the satisfaction of the arresting/Investigating Officer. 9. The applicants are directed to give complete cooperation to the investigating agency. The applicants shall not intimidate or influence any of the witnesses. The applicants shall not delay the process of investigation or trial. 10. In case the applicants violates any of the conditions, the prosecution would be at liberty to seek cancellation of the bail. 11. Let a copy of this order be provided under the signature of the Court Master.