Devajit Mahanta vs State Of Assam

The Court proceedings have been conducted through Video-Conference due to COVID-19 pandemic.

This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the accused-petitioner, namely, Sri Devajit Mahanta, in

connection with CID Police Station Case No.52/2014 registered under Sections 166/167/384/385 of the Indian Penal Code, read with Section 98(a)(b)

Assam Police Act, 2007.

Heard Mr. NNB Choudhury, learned counsel for the petitioner. Also heard Mr. P.S. Lahkar, learned Additional Public Prosecutor, Assam appearing

for the Respondent State.

Case diary has been produced.

It appears from the case diary, particularly, the note dated 1.9.2015, that the petitioner, who is an officer of the Police Department and was Officer-in-

Charge of the Morigaon Police Station at the relevant point of time of the alleged occurrence, has not cooperated with the investigation of the case.

He has not given his voice sample for the purpose of investigation.

Mr. Choudhury, learned counsel for the petitioner has submitted that if he is granted two weeks’ time, the petitioner would appear before the

investigation police officer and shall cooperate with the for investigation of the case. The learned counsel has also submitted that the petitioner shall

also give his voice sample to the investigating officer. Accordingly, interim protection for two weeks has been sought for during the course of hearing.

Mr. Lahkar, learned Additional Public Prosecutor, has submitted hat since the petitioner has not cooperated with the investigation of the case, it may

not be proper to grant him the privilege of interim protection.

The fact that the petitioner has not cooperated with the investigation of the case by not giving his voice sample is a fact recorded in the note dated

1.9.2015, in the case diary. Admittedly, he is a serving police officer and for last six years he has not been arrested although he has not allegedly

cooperated with the investigation. There is not much difficulty in arresting the petitioner if the investigating police officer so wanted as he is not said to

have been absconding and rather he is serving as a police officer.

In such background fact of the case, the petitioner is granted interim protection for two weeks i.e. till the date fixed, within which time, he will

cooperate with the investigation of the case and give his voice sample as required by the investigating agency. In the event he does not appear before

the investigating officer, as indicated above, the interim protection granted to him shall automatically stand vacated. However, it is made clear that

after appearance of the petitioner before the investigating police officer within two weeks, the Court will finally dispose of his pre-arrest bail

application after examining the up-to-date case diary. It is made clear that the investigating officer shall carry out the investigation considered

necessary for this case even beyond collecting voice sample of the petitioner.

In the event of arrest of the petitioner, within two weeks, in connection with the case aforementioned, he shall be released on bail on his furnishing bail

bond of Rs.25,000/-, with a suitable surety of the like amount, to the satisfaction of arresting authority.

The direction for interim pre-arrest bail is subject to the conditions that the accused petitioner :

(a) shall appear before the Investigating Officer of concerned Police Station, within two weeks from today and shall co-operate with the investigation;

(b) shall not hamper with the investigation, or tamper with the evidence of the case;

(c) 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

from disclosing such facts to the Court or to any police officer.

Case diary be returned to the investigating police officer to be resubmitted on the date fixed after updating.

List the matter on 30.07.2021.