Gauhati High Court
Mukul Boro vs The State Of Assam on 16 August, 2021
Author: Ajit Borthakur
Bench: Ajit Borthakur
Page No.# 1/3
GAHC010114292021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1790/2021
MUKUL BORO
S/O LATE RINTU TALUKDAR,
R/O LAKHARA
PO.S. AND P.O. LAKHARA
GARCHUK
DIST. KAMRUP (M), ASSAM
PIN-781025
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MS S DAS
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 16.08.2021 Heard Ms. D. Parbin, learned counsel for the petitioner. Also heard Mr. B. B. Gogoi, learned Addl. Public Prosecutor for the State/respondent.
By this petition under Section 439 Cr.P.C., the petitioner, namely, Mukul Boro, has prayed for grant of bail in connection with Jagiroad P.S. Case No. 432/2021 u/s 120(B)/370/ of the IPC.
Page No.# 2/3 The case diary, as called for, is received.
Ms. D. Parbin, learned counsel for the accused petitioner, submits that the accused is aged about 20 years and pursuing commerce course at Dispur Academy, Guwahati. Ms. Parbin further submits that the accused, who is not named in the FIR, was not even remotely involved in the alleged illegal Kidney trade and despite being absolutely innocent he is languishing in jail for 38 days.
Strongly opposing the bail application, Mr. B. B. Gogoi, learned Addl. Public Prosecutor, submits that the case diary reveals evidence that the accused actively associated with others in illegal selling and buying of human body parts that is Kidney since long in the state and they collected 6 numbers of Kidney from the poor people of Morigaon district for Rs. 1,50,000/- to 4,00,000/-. Mr. Gogoi further submits that the racket of Kidney business is spreading such business internationally.
The FIR reveals that the VDP of Dakhin Dharmatola came to know from various sources that there was a group, who convinced the poor people to sell their kidneys by giving some monetary benefits. The said persons forged some fake documents and then harvested the kidneys by taking it out from them and sold the same to others at a higher rate. Eventually, the VDP, after knowing that the said group would come to North Dharmotola for the said business purpose, caught one Nilima Boro and took her in their custody. During investigation, the said VDP learnt that she helped many people in selling their kidneys and she came to give advance money to one Dharani Das for selling kidney.
On scrutiny of the case diary, it prima facie appears that the accused Page No.# 3/3 was apprehended by local public for having found him along with relatives, who is/are suspected to have been associating with the human kidney smugglers' racket. Therefore, apparently the case being of mere suspicion, the accused petitioner's further continuation of detention in judicial custody is not warranted.
For the reasons, set forth above, it is directed that the petitioner, named above, shall be released on bail of Rs.50,000/- with one surety of like amount to the satisfaction of the learned CJM, Morigaon subject to the following conditions-
(i) That the accused petitioner shall co-operate with the Investigating Officer as and when required;
(ii) That the accused 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 him from disclosing such facts to the Police Officer or the Court.
(iii) That the accused petitioner shall refrain from committing any similar offences in future of which he is accused or suspected of commission.
Return the case diary.
The bail application stands disposed of.
JUDGE Comparing Assistant