ORDER

03.12.2021 Heard Mr. S Agarwal, learned Counsel representing and Mr. M. Phukan, learned Public Prosecutor appearing for the State.

By this interlocutory application, the applicant has prayed for modifying/altering the order dated 23.11.2020, passed in BA No. 2518/2020 by this court.

Mr. S. Agarwal, learned counsel appearing for the applicant submits that the applicant is now performing his duty as a Senior Administrative Grade Officer of NF Railway and by virtue of his posting, he is frequently required to visit the entire North Eastern states including Sikkim and parts of Bihar and West Bengal States and as such, public service is affected for not getting permission from the Investigating Officer due to the condition debarring him not to move outside the jurisdiction of BI(EO) police station, Guwahati, without prior written permission of the Investigating Officer/Officer-In-Charge of the said police station. It is further submitted that the applicant is also required to go occasionally to Chennai for health check-up from time to time due to chronic kidney disease. On 31.10.2018 he went to Apollo Hospital, Chennai for such health check-up. His health condition has now further deteriorated after he was infected by covid- 19 during the year 2020, just before his arrest in connection with BI(EO) Case No. 11/2018, on 19.10.2020. Learned counsel also submits that the applicant has not been permitted to leave the jurisdiction of BI(EO), Assam, and about 10 months have been elapsed from the date of the aforesaid bail order of this Court.

Opposing the application, Mr. M Phukan, learned Public Prosecutor, Gauhati High Court submits that pursuant to the order dated 25.11.2021, the Investigating Officer has submitted a report on the conduct of the petitioner in terms of the conditions of bail granted vide order dated 23.11.2020, passed in the connected BA No. 2518/2020, wherein it is stated, inter alia, that the applicant, in breach of the condition of the bail, did not provide any specific date of his intended travel requirements etc. to grant permission to him, despite repeated request being made by the Investigating Officer. Therefore, Mr. Phukan submits that his conduct being not satisfactory and prejudicial to the interest of the ongoing investigation of the case, the application may be rejected.

The case relates to an allegation that the accused- applicant, in connivance with two others, who are Officers of the FCI, illegally accepted, without objection, the bid of M/S 4 A Enterprise for contract work of transportation of food items deliberately accepting the fake bank guarantee and it came to light only when the aforesaid document was presented for encashment in UCO bank.

It may be mentioned that the petitioner was shown arrested in connection with the above noted case on 31.10.2020 while undergoing detention in judicial custody in connection with BI(EO) PS Case No. 11/2018, under Section

120B/406/409/420/468/471 of the IPC.

This Court, upon consideration of the materials in the case diary and hearing both sides, by an order dated 23.11.2020, passed in BA No. 2518/2020, directed to release the accused applicant on bail.

For convenience, the aforesaid order dated 23.11.2020 is reproduced below:

“ The present accused in connivance with two others, who are officers of the FCI illegally accepted the bid of M/S 4 A Enterprise for contract work of transportation of food items accepting fake bank guarantee and it came to light only when the aforesaid document was presented for encashment in UCO bank.

Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs.30,000/- with one local suitable surety of the like amount to the satisfaction of the learned CJM, Kamrup(M), Guwahati, subject, of course, to the following conditions:

1. That the accused petitioner shall co-operate in the investigation as and when required;

2. That the accused petitioner shall not, directly or indirectly, make any inducement, th