Gauhati High Court
Dibya Jyoti Chetia vs The State Of Assam on 19 December, 2022
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GAHC010245932022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./3304/2022
DIBYA JYOTI CHETIA
S/O TARUN CHETIA
R/O DEMOW BARUAH
CHANGMAI GAON
P.O. AND P.S. DEMOW
DIST. SIVASAGAR, ASSAM
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MS. P BORAH
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 19-12-2022 Heard Ms. P Borah, learned counsel for the accused and also heard Mr. BB Gogoi, learned Addl. PP, appearing for the State respondent.
This application under section 439 Cr.P.C., is preferred by accused, Dibya Jyoti Chetia, who has been languishing in jail hajot, Page No.# 2/3 in connection with Moran PS Case No.95/2022, under sections 120(B)/121/121(A) IPC read with sections 10/13/17 of the Unlawful Activities (Prevention) Act, since 24.09.2022, for grant of bail.
The aforementioned case has been registered on the basis of an FIR lodged by SI Bhaben Dutta, of Moran PS, to the effect that on 21.09.2022, he has received some information that one Biraj Gogoi is an active member of the banned terrorist organization ULFA(I), and is engaged in various activities and transactions of large sums of money with the banned organization for carrying out of their subversive activities against the nation.
Accordingly, he apprehended one Biraj Gogoi and during interrogation, he revealed that he had frequent contact through watsapp with Rohini Gogoi, an active cadre of ULFA(I), who introduced him with Aidyaman Axom, an active cadre of ULFA(I) who tasked him to collect various funds from Moran and Demow region and he has collected a sum of Rs.1,50,000/- from one Poddar and Rs.2,00,000/- from the owner of Nimai Hotel, under Demow PS jurisdiction and deposited the same in the account Aidyaman Axom.
Ms. Borah, learned counsel for the accused submits that the accused was arrested on 24.09.2022 and since then, he is languishing in jail hajot for the last 87 days. Ms. Borah further submits that the accused is innocent and he is no way involved with the offence alleged in the FIR, and therefore, it is contended to allow this petition.
On other hand, Mr. BB Gogoi, learned Addl. PP has produced the case diary before this Court and submits that the accused is not Page No.# 3/3 an active member of the ULFA(I) and there is no material in the case diary to show his involvement with the offences under section 120B/121/121(A) IPC read with sections 10/13/17 of the UA(P) Act. But, Mr. Gogoi submits that there is, however, materials to show that his bank account was used by the ULFA(I) for transaction of the collected sum from the persons of Demow locality.
Having heard the submission of learned Advocates for both the sides, I have carefully gone through the petition and the documents placed on record and also perused the case diary with the assistance of learned Addl. PP, Assam.
Admittedly, there is no material against the accused for the commission of the offence under sections 120B/121/121(A) IPC and of section 10/13/17 of UA(P) Act. As such, there is no reasonable ground for believing that the accusations against him is prima facie there and being so, the bar of section 43(D)(S) of the UA(P) Act, 1967 will not stand in the way of releasing him on bail. The only material against the accused is that his bank account was used by the ULFA(I). The accused is behind the bar for the last 87 days and his further custodial detention seems to be unwarranted here in this case and accordingly, it is provided that on furnishing a bond of Rs.1,00,000/- with one surety of the like amount to the satisfaction of the learned Sessions Judge, Dibrugarh, the accused be enlarged on bail.
The case diary be returned.
JUDGE Comparing Assistant