Anupam Kakati vs State Of Assam

Heard Mr. R Dubey, learned counsel for the applicant. Also heard Mr. NP Goswami, learned Additional Public Prosecutor, Assam.

The petitioner was granted anticipatory bail in AB 1343/2021 vide order dated 11.06.2021 thereby making absolute the interim bail order passed on

06.05.2021 alongwith following conditions:

“(1) The petitioner shall not leave the territorial jurisdiction of the aforesaid police station, without prior written permission from its officer-in-

charge,

(2) The petitioner shall not hamper with the investigation, or tamper with the evidence of the case,

(3) The petitioner 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 them from disclosing such facts to the court or to any police officer,

(4) The petitioner shall appear before the Officer-in-Charge, Dibrugarh PS within 7 (seven) days from today,

(5) The petitioner shall continue to appear before the Investigating Officer of the above mentioned case after every 10 (ten) days from the date of

first appearance till such time the attendance is dispensed with by the said investigating officer.â€​

In terms of the said order dated 11.06.2021 a specific direction was given to the petitioner to appear before the Officer-in-Charge, Dibrugarh PS

within 7 days from 11.06.2021. But he did not appear and there is a fair submission on the part of Mr. Dubey that the petitioner did not appear before

the Officer-in-Charge, Dibrugarh PS within the said stipulated 7 days period on the bonafide belief that the petitioner would pray before this court for

changes to be made in the conditions imposed by this court while disposing of the bail application. Mr. Goswami on the other hand objected in granting

the prayer for modification of the conditions inasmuch as the petitioner failed to comply with the preliminary condition regarding the appearance of the

petitioner before the Officer-in-Charge, Dibrugarh within the stipulated 7 days from 11.06.2021 which as per the contention of Mr. Goswami is clear

violation of the bail conditions necessitating cancellation of the bail order. The said submission of Mr. Goswami has force. It is further submitted by

Mr. Dubey that the petitioner is a resident of Guwahati and under such circumstances the conditions imposed by this court at the time of passing the

order would cause inconvenience to the petitioner. On perusal of the said order it is seen that the discretion was granted to the officer-in-charge in

order to relax such conditions subject to the satisfaction of the concerned investigating officer. Accordingly, I do not find any merit in this application.

Further, the petitioner is directed to appear before the Officer-in-Charge, Dibrugarh PS within a period of 3 (three) days from today failing which the

order dated 11.06.2021 shall stand cancelled.

This Interlocutory Application stands disposed of.