SRI MONOJ BASUMATARY v. THE STATE OF ASSAM

3: SRI MONOJ BASUMATARY S/O JATINDRA BASUMATARY R/O VILL- BODOSA BANK COLONY P.S. KOKRAJHAR DIST. KOKRAJHAR ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. K BORUAH Advocate for the Respondent : PP, ASSAM Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND Date : 23-11-2022 ORDER Heard Mr. K. Boruah, learned counsel for the petitioners as well as Mr. P. Borthakur, learned APP for the State.

The petitioners namely, (1) Sri Richard Muchary, (2) Sri Souvik Dey, (3) Sri Monoj Basumatary who are praying for bail in connection with Gossaigaon P.S. case no.386/2022 under sections 120(B)/387/506/34 I.P.C. has filed this application under section 439 Cr.P.C., for bail.

The FIR unfolds that on 10.10.2022, on a tip off regarding illegal extortion of money, a GD entry was registered by the Incharge of Shimultapu OP and thereafter the police proceeded to 31 C NH Highway and they apprehended Sri Niranjit Basumatary, Sri Monoj Sah, Sri Sanjay Sarkar, Md. Abusama Mondal, Md. Akhtar Hussain, Sri Dhanraj Basumatary @ Rocky, Md. Abu Bakkar Siddique, Md. Mofijul Islam and Md. Abdul Khaleque who were busy collecting extortion money amounting to Rs.3000/5000/-, forcefully from various vehicle drivers by exercising threats relating to entry pass. These vehicles were crossing the West Bengal border to enter into Assam. It is submitted on behalf of the petitioners that during the course of investigation, the police apprehended the DTO and found an amount of Rs.36 lacs in his residence. It was found that the DTO has been deeply involved in this offence and he has been extorting money in his official capacity. During the course of investigation the petitioners were also arrested and an amount of Rs.1.36 lacs was found in the possession of petitioner no.1. Page No.# 3/4

It is submitted on behalf of petitioner no.1 that the money recovered from him belongs to “Gaurang Nel Church”. His wife Smti. Purabi Basumatary is the treasurer of the Church. The amount of Rs.1,58,000/- was found from the petitioner no.2 and an amount of Rs.1,90,600/- was found in the possession of the petitioner no.3. It is submitted that the amount recovered from petitioner nos.2 and 3 is not in any way linked with the allegations in the FIR. The petitioner no.3 has the habit of withdrawing his entire salary and the money recovered from his residence was his salary.

The learned APP has raised serious objection. It is submitted that this bail petition does not contain any new ground. Earlier a petition with similar ground was rejected by this bench after perusal of the case diary in connection with BA no. 2986/2022.

I have considered the fact that the petitioners have been languishing in the jail since 13.10.2022. It is true that there are cogent materials against the petitioners.

However considering the matter in its entirety, further custodial detention of the petitioners for the sake of investigation does not appear to be necessary at this stage. It does not appear that the investigation will be adversely affected if the present petitioners are enlarged on bail.

The petitioners shall not exercise threats to witnesses.

2. The petitioners 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 Court or to any police officer or tamper with the evidence.

3. The petitioners shall not leave the jurisdiction of the SDJM (M), Gossaigaon without prior permission till completion of investigation.

Send back the case diary.

This application stands disposed of. JUDGE Comparing Assistant