ORDER

Date : 11.11.2021 Heard Mr. M. K. Das, learned counsel appearing for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor appearing for the State of Assam.

2. This is a bail petition filed by the petitioner, Sri Rajib Kalita, who was arrested on 11.09.2021 in connection with Dispur Police Station case No. 3298/2021 registered under Sections

406/420/468/471/34 of the Indian Penal Code.

3. The petitioner had earlier approached this Court vide Bail application No. 2744/2021, which was rejected vide order dated 11.10.2020 considering the stage of investigation.

4. It is submitted that the petitioner was arrested on 11.09.2021 and remanded on 12.09.2021 and accordingly he had completed 60 days of detention, which is the mandatory period in respect of the Sections under which the FIR dated 08.09.2021 was registered. The learned counsel for the petitioner submits that as he has been in judicial custody for 60 days from the date of his arrest on 11.09.2021. As such he submits that he is entitled to be released on Mandatory Bail as provided under Section 167 (2) Cr. P.C.

5. The learned Additional Public Prosecutor submits on instructions that the investigations have not yet been completed and the charge sheet has not yet been filed.

6. It is not in dispute at the bar that the statutory period of detention is 60 days as the punishments prescribed under the relevant sections are all below 10 years imprisonment. The petitioner has been in judicial custody from 11.09.2021 i.e., 60 days, which is the statutory period for detention mandated.

The learned Additional P.P has submitted that no Charge-sheet has been filed as on date. As has been held in Rakesh Paul Vs State of Assam, reported in (2017) 15 SCC 67, when the accused applies for bail under Section 167 (2) Cr. P.C upon expiry of the statutory period, the Court must release him on bail forthwith. The rights of the accused under Section 167 can also be enforced upon oral submissions as has been held by the Apex Court in Rakesh Paul (Supra). Considering the length of detention and considering the prayer made by the learned counsel for the accused invoking his right under Section 167 (2) of the Cr. P.C, the accused is directed to be released on bail.

7. Accordingly, it is provided that the accused, namely, Sri Rajib Kalita shall be released on bail on furnishing bail bond of Rs.30,000/- (Rupees thirty thousand) only with two local sureties of like amount to the satisfaction of the Chief Judicial Magistrate, Kamrup (Metro) at Guwahti, subject, of course, to the following conditions:-

i) The petitioner shall continue to appear before the police once a month and cooperate with the Investigating Officer as and when required, till completion of investigation.

ii) The petitioner shall not change his residence or place of business, without prior written permission from the Court of Chief Judicial Magistrate, Kamrup (Metro).

iii) That the petitioner shall not hamper or tamper with the investigation in any manner; and iv) That the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person/witness acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer in connection to this Police Station Case.

8. If any of the conditions are found to be violated by the petitioner then the Investigating Officer shall be at liberty to seek cancellation of the bail granted to the accused.

9. With the above direction, the anticipatory bail petition is accordingly allowed and disposed of.

JUDGE

Comparing Assistant