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Pankaj Kumar Nagbanshi @ Pankaj Kr. Nagbanshi v. the State of Assam

Gauhati HC11 Aug 2023AB/2447/2023

Case brief

AI extract

What is this about?

The Gauhati High Court heard an application for anticipatory bail filed by petitioner Pankaj Kumar Nagbanshi in a Vigilance case involving alleged misappropriation of rice funds. The interim bail granted earlier was made absolute subject to specific conditions.

What did the court decide?

The interim pre-arrest bail granted vide order dated 13.07.2023 is made absolute subject to cooperating in the investigation and not inducing or threatening any person.

Pankaj Kumar Nagbanshi @ Pankaj Kr. Nagbanshi Vs the State of Assam — Corruption | Gauhati HC (2023)

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GAHC010152562023

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

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Case No. : AB/2447/2023

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PANKAJ KUMAR NAGBANSHI @ PANKAJ KR. NAGBANSHI S/O LATE JOY CH. NAGBANSHI R/O MILAN NAGAR,

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WEST BYE LANE -Q, P/O. C.R. BUILDING, DIBRUGARH, P.S. DIBRUGARH, DIST. DIBRUGARH, ASSAM

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VERSUS

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THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. J C GOGOI

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR

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ORDER

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11.08.2023

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Heard Mr. J.C. Gogoi, learned counsel for the petitioner. Also heard Mr. M. Phukan, learned Public Prosecutor, Assam appearing for the State respondent.

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This petition under Section 438 Cr.P.C., is filed for granting the privilege of

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pre-arrest bail to the petitioner, namely Pankaj Kumar Nagbanshi @Pankaj Kr. Nagbanshi , apprehending arrest in connection with Vigilance P.S. Case No.04/2023 registered u/s 120B/420/406/409 of the IPC read with Sections 13(1)(a)/13(2) of the P.C. Act, 1988.

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The Case diary, as called for, is placed before the Court.

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The investigating officer has filed bail objection.

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It may be mentioned that by order, dated 13.07.2023, this Court granted the privilege of interim pre-arrest bail to the petitioner subject to conditions.

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The prosecution case, in brief, is that on 22.06.2023, one Durlav Nath, General Secretary, All Sonitpur District Fair Price Shop Dealers Association lodged an F.I.R. before the Chief Minister of Assam, alleging that 2418.20 quintals of rice was allotted against 10,173 ration card holders of 25,051 persons under Dhekiajuli Constituency under Pradhan Mantri Garib Kalyan Yojana for the months of June and July, 2023 relating to Dhekiajuli town and Mijibari Samabai Samiti. But, instead of distributing the allotted rice amongst the ration card holders the Secretary and other officials of the Society sold the same at high rate and thereby misappropriated Rs.2 crores.

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Perusal of the case diary prima facie reveals the only evidence that the petitioner, who was the then ADC, Sonitpur and Deputy Director (Supply), FCS & CA, Sonitpur, passed the bills of the transporter without any verification of Tier-1 and Tier-2.

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Upon hearing the learned counsel for both sides and considering the pros and cons of the materials available on the case diary in its entirety, this Court is of the opinion that custodial interrogation of the petitioner in the interest of the ongoing investigation may not be required.

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Therefore, the interim pre-arrest bail granted vide order, dated 13.07.2023 is hereby made absolute, subject to the following conditions-

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(i) That the petitioner shall co-operate in investigation as and when required; and

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(ii) That the 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 Court or to any police officer.

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Return the case diary.

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This disposes of the anticipatory bail application.

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JUDGE

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Pankaj Kumar Nagbanshi @ Pankaj Kr. Nagbanshi v. the State of Assam

Case brief

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Pankaj Kumar Nagbanshi @ Pankaj Kr. Nagbanshi v. the State of Assam

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