SIKANDAR RONGPI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the petitioners, namely, 1. Sikandar Rongpi, 2. Dil Bahadur Chetry and 3. Anwar Ali, in connection with Diphu Police Station Case No.210/2020 registered under Sections 387/506/34 I.P.C. read with Section 5(2) of the Office Secrets Act, 1923.

(2.) Heard Mr. M. Dutta, learned counsel for the petitioner, and Mr. R.J. Baruah, learned Additional Public Prosecutor, Assam appearing for the State Respondent. The case diary produced has been perused.

(3.) It appears from the FIR that one Dr. Pankaj Kumar Gupta had made a mobile call to the informant on 4th November, 2020 and threatened him with some text message. Thereafter, as alleged in the FIR, this Dr. Pankaj Kumar Dutta along with some other persons, as named in the FIR, including the present petitioners, had come to the private home of the informant two days before Durga Puja, in the month of October, 2020. It has also been alleged that Dr. Pankaj Kumar Gupta has stolen some confidential and classified documents from the office of the informant. On perusal of the case diary, it does not appear that any specific role has been assigned to the present petitioners in commission of the alleged offences. Only material available in the case diary against the petitioners is that they went with the aforesaid Dr. Pankaj Kumar Gupta to the private house of the informant along with some others. Mr. Baruah, learned Additional Public Prosecutor has fairly admitted that there is no such material requiring custodial interrogation of the petitioners for the purpose of investigation of this case.