BISWAJIT DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) The Court proceedings have been conducted through Video-Conference.

(2.) By this Anticipatory Bail Application, Sri Biswajit Das seeks bail under Section 438 of the Code of Criminal Procedure in connection with Dharamtul Police Station Case No. 85/2019, under Sections 395 of the IPC.

(3.) Before the issue of anticipatory bail is addressed, I would like to refer to the gist of the FIR dated 13.09.2019. Altab Hussain lodged the FIR alleging that on 13.09.2019, at about 12:30 P.M, when the complainant along with his friend were returning from Shillong to Guwahati and reached Jagirod, there was heavy rainfall. At 12:30 P.M., when they were proceeding towards Hojai by their Alto vehicle, on being signaled by 5/6 policemen sitting in a TATA Sumo vehicle on the National Highway under Dharamtul Police Station, they stopped their vehicle. The police personnel arrested the complainant and his friend, assaulted them and forced them to admit their involvement in some illegal activities, while making videos. The victims were threatened to be sent to jail and were told that they were to be released only if they make payment of Rs. 10,00,000/-. Thereafter, they forcibly took away Rs. 4,00,000/- at gun point from the complainant and his friend and, on several requests made, returned Rs. 2,000/-. It is not in dispute that the applicant belongs to Assam Police Force.