DEBANAND THAKUR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. T.H. Hazarika, learned counsel for the petitioner. Also heard Mr. Bhaskar Sharma, Addl. P.P., who has produced the case diary and has opposed the prayer for pre-arrest bail.

(2.) The petitioner, who is apprehending arrest in connection with Golakganj P.S. Case No. 65/2022 under Sec. 120B/109/384/306 of the I.P.C. has filed this application for pre-arrest bail under sec. 438 Cr.P.C.

(3.) The learned counsel for the petitioner has submitted that 6 (six) accused are named in the FIR dtd. 16/2/2022. Out of them, against 3 (three) accused, it has been alleged that they had conspired to collect naked photographs of the victim (since deceased) and black-mailed and extorted money from him. Moreover, it was alleged in the FIR that the main 3 (three) accused had established nexus with the remaining 3 (three) accused including the petitioner and blackmailed the victim by demanding Rs.20.00 lakh by threatening him of uploading his naked photographs in the social media at the time of municipal elections. It was submitted that in the FIR it was not disclosed that to which of the accused the victim had paid money. Thus, it was submitted that merely because the victim had committed suicide and left a suicide note in the social media of whatsApp in a particular political party connected group, such allegations, even if taken at its face value, would not be enough to implicate and/or charge the petitioner of having committed an offence of abetting suicide of the victim. It was submitted that this Court by order dtd. 28/3/2022 passed in A.B. 651/2022, had granted absolute pre-arrest bail to one of the co-accused, who was similarly situated as the present petitioner. The learned counsel for the petitioner had submitted that after perusal of the case diary, while granting pre-arrest bail, the coordinate Bench of this Court had observed as follows:-