Gauhati High Court
Plaban Borthakur vs The State Of Assam on 19 August, 2021
Author: Hitesh Kumar Sarma
Bench: Hitesh Kumar Sarma
Page No.# 1/4
GAHC010124772021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2395/2021
PLABAN BORTHAKUR
SON OF LT. RUDRA MOHON BORTHAKUR
R/O VILL- UTTAR JAJORI MULANKAMURA, P.O. BORMONIPUR
P.S. MIKIRVETA,
DIST. MORIGAON, ASSAM
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. A M BORA
Advocate for the Respondent : PP, ASSAM
BEFORE HON'BLE MR. JUSTICE HITESH KUMAR SARMA 19-08-2021 This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the accused-petitioner, namely, Plaban Borthakur, in connection with Jagiroad P.S. Case No.432/2021 registered under Sections 120B/370, added Section 420 of Indian Penal Code, read with Section 3(2)(v) of the Scheduled Caste and Scheduled Page No.# 2/4 Tribes (Prevention of Atrocity) Act, 1989.
Heard Mr. A.M. Bora, learned senior counsel for the petitioner.
Also heard the objection raised by Mr. R.R. Kaushik, learned Additional Public Prosecutor, Assam appearing for the State Respondent.
The fact of the case, as appears from the FIR lodged by one Hitya Kumar Doley, on behalf of the Dakhin Dharamtul Village Defence Party, alleging therein that they have received an information about a kidney racket. According to information, the people involved in the kidney racket take the poor villagers to Kolkata alluring them to pay money and used to remove their kidneys for selling at a higher price by preparing fake documents. In the FIR itself, some persons have been named to be involved with the offence alleged. It is also stated in the FIR that by giving false promise, the kidneys of different persons were removed for selling at a higher price. On the basis of such alleged facts, the FIR has been registered under the provisions of law, as indicated above.
Learned senior counsel for the petitioner has submitted that the petitioner has not been named in the FIR and the informant has named some other persons with commission of the offence alleged. According to the learned senior counsel for the petitioner, the petitioner is not at all involved with the offence alleged.
Mr. Kaushik, learned Additional Public Prosecutor has submitted that only after examination of the case diary, it would be known as to whether the present petitioner is involved or not. He has further submitted that since for the purpose of transplantation, the kidneys were removed from certain persons at Kolkata and less amount was paid then the promised Page No.# 3/4 and also considering the fact that the alleged act was done in an organized manner, the prayer of the petitioner be rejected.
Learned senior counsel for the petitioner has submitted that since the petitioner's name is not there in the FIR and there is no whisper about his involvement with the offence alleged, he be protected till a decision is taken on examination of the case diary.
On consideration of the submission made by the respective parties, this Court would like to examine the case diary on the date fixed. However, considering the submission made by the learned senior counsel for the petitioner, the petitioner is protected till the date fixed.
It is provided, in the interim, that in the event of arrest of the accused petitioner above named, in connection with the case aforementioned, he shall be released on his furnishing bail bond of Rs.20,000/-, 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 five days 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.
Page No.# 4/4 Call for the case diary.
List the matter on 1.9.2021.
JUDGE Comparing Assistant