ORDER

Date : 09.11.2021 Heard Ms. T. Som, learned counsel for the petitioner as well as Mr. P. Borthakur, learned Addl. P.P., Assam appearing for the State respondent.

By this petition under Section 439 Cr.P.C., the petitioner, namely, Anishar Rahman, has prayed for grant of bail in connection with Chhaygaon P.S. Case No.1250/2021 under Sections 409/467 of the IPC.

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

The accused petitioner is behind the bar since 25.10.2021, i.e., for 15 days.

The F.I.R. reveals the allegation that the accused petitioner, who is a Lat Mandal, without observing any legal procedure and not informing the informant and local Gaon Burah for selling of land, gave the Registration in the name of one Arup Das of village Bihdia.

Ms. T. Som, learned counsel appearing for the accused petitioner, submits that the accused petitioner has been in judicial custody since 25.10.2021 despite being innocent. Ms. Som further submits that the accused, who is a Lat Mandal, cannot be fastened with criminal liability for submitting false report in discharge of his official duty on revenue matter to his higher authority, but to disciplinary action. According to Ms. Som, the ingredients of the offences under which the case is registered are not at all attracted in the case.

Opposing the bail application, Mr. P. Borthakur, learned Addl. Public Prosecutor, Gauhati High Court, submits that the case diary reveals that the accused without observing the prescribed procedure of the State revenue Department got mutated a plot of land in favour of one Arup Das by way of sale behind the back of the pattadar and the Goan Burah of the village.

Perusal of the case diary reveals that the accused petitioner, who is the Lat Mandal attached to the office of the Circle Officer, Goreimari Revenue Circle manufactured false report on possession of land to the Circle Officer so as to effect registration of a plot of myadi patta land, on which there is the informant’s dwelling house with cultivation in favour of one Arup Das by way of sell. The aforesaid plot of land is jointly owned by the informant and his brothers. The falsity of the aforesaid report of the accused came to light during hearing of the parties. The accused submitted the report without field verification. However, the investigation has substantially progressed. Therefore, this Court is of the opinion that if the liberty of bail is granted to the accused, the ongoing investigation into the case is unlikely to be adversely affected.

Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs. 30,000/- with one surety of like amount to the satisfaction of the learned C.J.M., Kamrup, Amingaon subject to the following conditions-

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

(ii) That the accused 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;

(iii) That the accused petitioner shall not hamper or tamper with the investigation in any manner; and (iv) That the accused petitioner shall refrain from committing any similar offences in future of which he is accused or suspected of commission.

Return the case diary.

This disposes of the bail application.

JUDGE Comparing Assistant