Jiten Gogoi vs State Of Assam

The Court proceedings have been conducted through remote video conferencing mode due to the prevailing situation in the State due to Covid-19

pandemic. Heard Mr. B. Islam, learned counsel for the accused- petitioner and Mr. T.K. Misra, learned Additional Public Prosecutor for the

respondent State of Assam.

By this application under Section 439, Code of Criminal Procedure, 1973 (CrPC), the accused- petitioner viz. Sri. Jiten Gogoi has prayed for his

release on bail, as he is in custody since 22.04.2021 in connection with Sonari Police Station Case no. 84/2019, registered under Sections

120B/121/121A/122/123/124A/384/506/34 of the IPC read with Sections 25 Arms Act & R/W Sections 15/16

/17/18/18B/19/20/21/22C/23/38/39(2)/40(2) of UA(P) Act.

The First Information Report (FIR) was lodged by an Assistant Sub-Inspector of Police, attached to Sonari Police Station on 13.03.2019. The

accused-petitioner is not named in the FIR. It has inter alia been stated that many persons are in contact with the members of the banned terrorist

organization, United Liberation Front of Assam (ULFA) and assisting the members of the organization to carry out its terrorist activities. During the

course of the investigation, 7 (seven) persons including the present accused-petitioner, were arrested and remanded to custody vide forwarding report

dated 22.04.2021 (Annexure-3). In the said forwarding report, it was alleged that the said seven persons were in frequent contact with the active

cadres of ULFA and were providing vital information to them.

Learned counsel for the accused-petitioner has referred to the averments made in the application wherein the accused-petitioner has himself admitted

that the younger brother of the accused-petitioner is a cadre of ULFA. But the accused-petitioner has no association whatsoever with the said

organization or his brother’s activities. He has further submitted that the accused-petitioner is a farmer by profession and he has been implicated

and arrested in the case merely on suspicion. Learned counsel has placed 3 (three) orders, all dated 31.05.2021, passed in BA no. 30/2021, BA no.

31/2021 and BA no. 32/2021, by the learned Sessions Judge, Charideo. By the said 3 (three) orders, the three other accused persons, namely, Ajoy

Gogoi, Debajit Baruah and Mintu Baruah, who were remanded to custody along with the present accused-petitioner on 22.04.2021 have already been

granted bail finding no incriminating materials against them in the case diary produce before the said Court. As the present accused-petitioner is also

similarly situated with those accused persons, learned counsel for the accused-petitioner has prayed for release of the accused-petitioner on bail.

Learned Additional Public Prosecutor, after going through the materials in the case diary, has submitted that he has not found any incriminating

materials directly linking the accused-petitioner with the activities of the banned organization, ULFA.

Having considered the aspects, noted above, more particularly the fact that no incriminating materials have been collected against the petitioner

regarding his association with the banned organization, I am of the considered view that further custodial detention of the accused-petitioner is not

necessary for the purpose of carrying out investigation of the case and his release on bail, at this stage of investigation, is not likely to cause any

prejudicial effect in the further investigation, provided he continues to extend his assistance and co-operation in the further investigation of the case.

Accordingly, it is directed that the accused-petitioner shall be released on bail on furnishing a bail bond of Rs. 30,000/- with one local surety of the like

amount to the satisfaction of the learned Chief Judicial Magistrate, Charaideo, Sonari subject to the conditions that :-

[i] the accused-petitioner shall co-operate with the investigation and make himself available for interrogation whenever required by the Investigating

Officer (I.O.) of the case;

[ii] the accused-petitioner shall not, directly or indirectly, make any inducement, threat or promise to any witness acquainted with the facts of the case

so as to dissuade him from disclosing such facts to the court or to any police officer;

[iii] the accused-petitioner shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be

collected by the police;

[iv] the accused-petitioner shall maintain law and order and he shall not commit an offence similar to the offence of which he is accused, or of the

commission of which he is suspected; and

[v] the accused-petitioner shall regularly remain present during the trial and co-operate the Court to complete the trial for the above offences, if

charge sheeted in the case.

Liberty is granted to the accused-petitioner to produce a downloaded copy of this order and the jurisdictional court shall verify the same from the

website before acting on it.

The application stands disposed of in the aforesaid terms.