Gauhati High Court
Mukut Rabha vs The State Of Assam on 6 May, 2020
Author: Ajai Lamba
Bench: Ajai Lamba
Page No.# 1/4
GAHC010060192020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 956/2020
1:MUKUT RABHA
S/O LATE SURENDRA CH. RABHA, R/O HENGRABARI NO. 1, NEAR STATE
BJP OFFICE, P.O.-HENGRABARI, P.S.-DISPUR, DIST-KAMRUP(M), ASSAM,
GUWAHATI-36
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Counsel for the Applicant(s) : Mr. R. Islam, Advocate.
Counsel for the Respondent(s) : Mr. N. J. Dutta, Addl. Public Prosecutor, Assam.
BEFORE HON'BLE THE CHIEF JUSTICE MR. AJAI LAMBA 06.05.2020:
1. The applicant, namely, Mukut Rabha, APS serving in Assam Police, as accused in Tinsukia P.S. Case No.1608/2019, under Sections 454/379/ 331/468/471/ 166/167/193/209/211/218/220/221/34 of IPC has filed this application for anticipatory bail under Section 438 of the Code of Criminal Procedure.
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. R. Islam, learned counsel for the applicant and Mr. N. J. Dutta, Page No.# 2/4 learned Additional Public Prosecutor, Assam for the respondent.
4. The skeleton of facts leading to registration of the FIR at issue (Annexure-1), appears to be that one Bipin Kumar Pandey, son of Keshab Pandey was implicated in Simulguri GRPS Case No.06/2018 dated 11.07.2018, under Sections 302/376/34 IPC and Moriani GRPS Case No.14/2018, under Sections 302/376 IPC. It is the admitted position that the said person, viz., Bipin Kumar Pandey was acquitted, after trial, in both the cases.
5. It is the case of Bipin Kumar Pandey by virtue of the FIR at issue that although there was conclusive evidence on investigation record indicating his innocence, including by way of Call Detail Record, however, the police officials, including the applicant, fabricated evidence to falsely implicate the complainant, Bipin Kumar Pandey. Certain accusations from the FIR at issue need to be specifically noticed which reads as under:
"XXXXXXXXXXXXXXXXXXXXXXXXXXX On 14/07/2018 Additional S.P. Sivasagar-Sri Bolin Deori during course of interrogation assaulted me mercilessly. He also confirmed my location on 09/07/2018 to 12/07/2018 by making enquiry to Sri Hemant Jitani and other sources and inspite of knowing the fact that I had no connection with the alleged crime, he allowed my arrest by police in connection with Simulguri P.S. Case no.6 of 2018. On the same day, I was produced before the Magistrate on the basis of false report prepared by S.I-Sri Gobinda Kalita, who also sought and obtained my police custody and I was brutally assaulted during the police custody. The police attempted to extort my confession before the Magistrate of Nazira Court for the offences which I never committed. When I denied my involvement before the Magistrate in any offence, then I was sent to Sivasagar Jail. The aforesaid S.I. also prepared forged documents stating that he visited my residence on 12/07/2018 at about 10:30 P.M. While I was in Sivasagar Jail, S.I-Sri Biren Kalita took my police custody, brought me to Moriani Police Station and on and from 26/07/2018 to 31/07/2018, I was taken to different places and was brutally assaulted. Sri Mukut Ravha, Addl, S.P. Jorhat obtained the CDR of my phone location, verified the fact that I was not present at the scene of occurrence even then they attempted to extort my confession before the Page No.# 3/4 Magistrate of Jorhat Court for the offences which I never committed and when I denied my involvement before Magistrate, Jorhat on 31/07/2018 then I was sent to Jorhat Jail.
I repeatedly appraised the police officer that I had no connection with the commission of the alleged crime and in fact, I was never present at the said place of crime but even then I was kept in jail hajot from 13/07/2018 to 03/10/2019 on false and manufactured charge sheets submitted by police.
XXXXXXXXXXXXXXXXXXXXXXXX"
6. Perusal of the relevant portion of accusation indicates that the applicant was specifically named in the FIR as one of the persons who committed the offence, which was duly registered for committing serious offences as indicated in the details of FIR, yet it appears that the said person was not arrested till the filing of this application for anticipatory bail. Interim bail has not been granted. The case is pending adjudication since 16.03.2020.
7. Vide order dated 24.04.2020, the Public Prosecutor was asked to produce the case diary.
Mr. N. J. Dutta, learned counsel for the prosecution has passed on a communication dated 06.05.2020 forwarded by Inspector Nitul Das, Officer-in-Charge, Tinsukia Police Station, Tinsukia. Mr. Dutta, learned counsel for the prosecution has stated that it is a very sad state of affairs and very unfortunate to say that now when the case diary has been sought, it is the stand of investigating agency that the case diary has been misplaced.
8. Considering the nature of accusations contained in the FIR; the fact that the complainant was implicated in two cases of very serious nature, viz., rape and murder; the accusation of his false involvement and torture in police custody; the accusation that the official investigation record was fabricated, I am of the considered opinion that thorough investigation in the matter is required. The very faith of the people would be lost in the investigating agency if the guardians of law, under such accusations, are not investigated. Clothed with protection of anticipatory bail, effective and thorough investigation in this matter is not possible, particularly because the applicant is in active service in police.
Interference with the investigation process is in any case indicated from the fact that Page No.# 4/4 even the case diary has been conveniently reported as misplaced.
9. In view of the peculiar facts and circumstances of the case, the application is dismissed.
10. Before parting with the order, however, I hereby direct Principal Secretary, Home and Director General of Police to take cognizance of the conduct of the police of Tinsukia Police Station, district Tinsukia in having conveniently reported misplacement of the case diary of a case of serious nature in which direct accusation of fabrication of investigation record has been made against a number of police officials.
I further direct DGP, Assam to constitute a Special Investigation Team to be headed by an officer not below the rank of DIG to conduct investigation and conclude it at the earliest.
11. I hereby direct the Chief Judicial Magistrate, Tinsukia to be apprised of the investigation, step by step under Section 156 (3) of Cr.P.C. so as to ensure fair and effective investigation in the matter.
12. Let a copy of the order be provided under the signatures of the Court Master.
CHIEF JUSTICE Comparing Assistant