PANKAJ KUMAR KAKATI Vs. STATE OF ASSAM

JUDGEMENT

(1.) By filing this petition under Sec. 438 of the CrPC, petitioner Pankaj Kumar Kakati has sought for pre-arrest bail in connection with the Bongaigaon P.S. Case No.548/2021, registered under Sec. 384/511 of the IPC.

(2.) Heard Mr. A. Chamuah, learned counsel for the petitioner as well as Mr. M. Phukan, learned P.P., Assam representing the State and perused the record as well as the case diary produced.

(3.) The learned PP, Mr. M Phukan has submitted that the FSL Report of the Voice Sample has been received, which tallied the voice of the petitioner with the audio-clip in question. So far as the case is concerned, it reveals from the materials on record that an audio conversation (recording) was circulated in the social media by one Abdul Kader, wherein, he alleged about attempt of extortion by the petitioner, who was the then Additional SP, Bongaigaon. One Dipankar Roy Choudhury lodged an FIR before the SP, Bongaigaon, on the basis of the said audio-clip circulated in the social media, as per which, the Bongaigaon PS GD Entry No. 643/2021, dtd. 24/6/2021 was made and after collecting the audio/video-clip aired in the news channel, it was found that the present petitioner is in conversation with one Abdul Kader, demanding illegal gratification. In the said audio-conversation, the petitioner is referring 16 kgs in coded language, which means illegal gratification of Rs.16.00 lacs. After collecting such audio-clip, formal FIR was filed by one police personnel, namely, Rahul Deury, which was registered as Bongaigaon PS Case No. 548/2021, under Ss. 384/511 IPC.