Allowed

Santanu Kumar Dutta and 2 Ors. v. the State of Assam

Gauhati HC12 Feb 2018AB/235/2017

Case brief

AI extract

What is this about?

The Gauhati High Court granted pre-arrest bail to petitioners facing corruption charges under the IPC and Prevention of Corruption Act. The court held that investigation authorities found no incriminating material necessitating custody. The interim bail was made absolute.

What did the court decide?

Pre-arrest bail in CID P.S. Case No. 56/2014 allowed; interim bail made absolute.

Santanu Kumar Dutta and 2 Ors. Vs the State of Assam — Corruption | Gauhati HC (2018)

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GAHC010012192017

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB 235/2017

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1:SANTANU KUMAR DUTTA and 2 ORS. S/O- SRI JAGANNATH DUTTA, R/O- KUMARPATTY, DIST.- GOLAGHAT, ASSAM, ADO, GOLAGHAT.

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2: PRONEETA TALUKDAR SAIKIA D/O- SRI BIREN SAIKIA R/O- MILAN NAGAR TITABOR DIST.- JORHAT ASSAM ADO SIVASAGAR.

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3: SANJEEV SAIKIA S/O- SRI BOPARAM SAIKIA R/O- BAKULNAGAR GOLAGHAT DIST.- GOLAGHAT ASSAM ADO GOLAGHAT VERSUS

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1:THE STATE OF ASSAM

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Advocate for the Petitioner : MS.S BHUYAN

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Advocate for the Respondent :

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BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

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ORDER

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Date : 12-02-2018

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Heard Mr. R.Kalita, learned counsel for the petitioners and Mr. K. Konwar, learned Addl. P.P., Assam

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By this application under Section 438 of the CrPC, the petitioners namely, (i)Sri Santanu Kumar Dutta, (ii)Smti. Proneeta Talukdar Saikia and (iii)Sri Sanjeev Saikia, have prayed for pre arrest bail in CID P.S. Case No. 56/2014 registered under Sections 120(B)/420/406/409 of the IPC read with Section 13(1) (c)/2 of the Prevention of Corruption Act, 1988.

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One private individual representing the Assam Public Works on 01.09.2014 lodged and FIR before the Addl. Director General of Police, CID alleging that the officials of the department of Agriculture including the Directorate of Agriculture, Assam and the District Agriculture Officer misappropriated huge amount of public money in the name of implementation of schemes under the ‘Rashtriya Krishi Vikash Yojona’ (RKVY) and ‘Bringing Green Revolutin to the Eastern India’ (BGREI) for which the Department of Agriculture and Corporation in the Ministry of Agriculture, Government of India sanctioned amount more than Rs.700 crore to the State of Assam in its agricultural department.

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Mr. Konwar, learned Addl. PP, from the up to date case diary submits that the I/O during its investigation of the case till now did not find such incriminating materials against the petitioners named above with regard to their involvement in the alleged crime so as to detain them in custody for investigation of the said CID case.

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Considering the same, the prayer of the petitioners for their pre arrest bail in the above noted CID P.S. Case No. 56/2014 is accepted.

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Petitioners herein are already on interim bail in the above noted CID P.S. Case No. 56/2017 granted earlier by this court on 18.05.2017 and the same is hereby made absolute on the same terms and conditions. However, it is made clear that the petitioners named above shall report before the concerned Investigation Officer of CID P.S. Case No. 56/2014 on or before 08.03.2018 and thereafter as and when required for necessary investigation of the case; shall not hamper or tamper any evidence of the case and further shall not threat or

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intimidate the informant or any other witnesses of the case.

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Any violation of the aforesaid conditions by the petitioners, bail granted to them in the CID P.S. Case No. 56/2014 shall stand automatically vacated.

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Accordingly, the bail application stands allowed.

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Return the case diary.

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JUDGE

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Comparing Assistant

Santanu Kumar Dutta and 2 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Santanu Kumar Dutta and 2 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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