Anticipatory bail granted under Section 438 CrPC for a government servant accused of disproportionate assets, emphasizing cooperation with investigation and non-flight risk.

JUDGMENT :

Susmita Phukan Khaund, J.

Heard Mr. G. Sahu, learned counsel for the petitioner Shri Indrajit Bora.

2. The petitioner has filed this application under Section 438 of the Code of Criminal Procedure, 1973 (CrPC for short) read with Section 482 of the CrPC as he is apprehending arrest in connection with ACB Police Station Case No. 69/2023 registered under Sections 13(2) read with Section 13(1) of the Prevention of Corruption Act, 1988 (the PC Act for short).

3. It is submitted on behalf of the petitioner that a notice dated 20.01.2024 was received from the Officer-In-Charge of Hatigaon Police Station, East Police district, Guwahati wherein it was stated that in connection with ACB Police Station Case No. 69/2023, the petitioner was to appear before the Superintendent of Police, Directorate of V & AC, Assam, Srimantapur, Guwahati on 24.01.2024 at about 11.00 AM for examination and recording his statement in connection with the aforementioned case. He was also directed to carry his PAN Card. The petitioner obtained a copy of the detailed report submitted by the Superintendent of Police, Directorate of V &AC to the Deputy Secretary to the Government of Assam wherein the Superintendent has given details of an earlier case being ACB Police Station Case No. 17/2023 under Section 7(a) of the PC Act registered against the petitioner and his subsequent arrest on 22.03.2023. The report further states that during search of the rented house of the petitioner at Bhetapara, uncounted cash of Rs.6,93,600/- (Rupees Six Lacs Ninety Three Thousand and Six Hundred) was recovered and was seized in presence of witnesses. It was further mentioned in the report that during investigation, it was learnt that 17 bank accounts on various banks, viz., HDFC, Jana Small Finance Bank, Kotak Mahindra Bank and State Bank of India was in the name of the petitioner and also in the name of his family members in addition to the salary account of the petitioner in the State Bank of India.

4. During search of the residential premises of the petitioner, it was unearthed that the petitioner owns luxury cars of Toyota and Audi make. Apart from luxury cars, the petitioner has various movable and immovable assets. As the petitioner could not provide satisfactory explanation regarding the aforesaid source of income, the Government was approached vide Directorate Letter No. DGVA/R1/2023/2402 dated 11.04.2023 to accord approval to register a case against the petitioner for commission of offence under the PC Act. Accordingly, the Government vide letter dated 05.09.2023 accorded approval to register a case against the petitioner. On receipt of the approval from the Government, a regular case vide ACB Police Station Case No. 69/2023 was registered on 15.09.2023 on the basis of the FIR submitted by the Investigating Officer of ACB Police Station Case No. 17/2023.

5. On 23.01.2024, the petitioner through his son Sri Arnav Bora submitted an application before the Superintendent of Police, Directorate of V & AC stating therein that the petitioner was suffering from high blood pressure and as such, he was unable to appear before the Superintendent on 24.01.2023 as directed in the notice and prayed for time to appear on another date.

6. It is further submitted that the petitioner has also spent more than 30 (Thirty) days in custody in connection with the earlier ACB Police Station Case No. 17/2023, out of which the petitioner has spent 5 (Five) days in the police custody. It is further submitted by the petitioner that the police authorities in the guise of filing a new case against the petitioner is planning to arrest the petitioner only to take him back to custody and exercise both mental and physical torture upon him. It is further submitted that the petitioner has cooperated with the interrogation earlier and has provided all the information required by the investigating agency. One of the conditions when the petitioner was granted bail in connection with the earlier case, was