AB/2702/2016 of SANJAY KR. DAS Vs THE STATE OF ASSAM on 23 December 2016

HON’BLE MRS. JUSTICE RUMI KUMARI PHUKANHeard Ms. SG Baruah, learned counsel for the petitioner as well as Mr. K. Konwar, learned Addl. Public Prosecutor, Assam.

This second anticipatory application under Section 438 Cr.P.C., has been filed the petitioner, Sri Sanjay Kumar Das is seeking pre-arrest bail in connection with Laluk P.S.Case No.319/2016 U/S 420/409/34 IPC on ground of serious ailment and also the fact that other co-accused have been released on pre-arrest bail after considering the case diary.

Considered the submission of the learned counsel for the parties. Certain medical documents have been annexed which reflects that the accused is suffering from Hepato-Biliari Disorder (symptom of liver cerosis)and he was referred to GauhatiMedical College & Hospital and now the petitioner opted to get better treatmentat Chennai.

Reference has been made to the subsequent development that case diary reflects about the construction of the school premises upto the extent of 70% which negated the allegation in the FIR and on the basis of which other two co-accused have been granted previlage of pre-arrest bail.

Considered the documents that has been filed and also the relevant orders passed by this court by granting bail to other co-accused persons . Bail prayer of thepresent petitioner was rejected on 16.11.2013. Thereafter on 23.11.2013 while considering the bail prayer of other accused CD reflects that construction of theschool premises completed to the extent of 70%, whereas allegation of the present FIR is that there is no work carried out .

Considering entire aspect of the matter and the medical ground that has been assigned that the accused petitioner require better treatment for his ailment prayer for bail of the petitioner is allowed .Accordingly it is provided that in the event of arrest of the accused petitioner, named above, in connection with the aforesaid police case, he shall be enlarged on bail on furnishing bail bond of Rs.20,000/- with one surety of like amount to the satisfaction of the arresting authority. He shall however appear before the I.O. within 15 dyas and co-operate with the investigation.

With the above directions Anticipatory Bail Application stands disposed of.Return the Case Diary.