RAGHVENDRA AWASTHI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an application for granting anticipatory bail to the petitioner as he apprehends that he may be arrested by police in connection with Golaghat P. S. Case No. 140/97 under Sections 120B/365/343/325/302/201, I.P.C.

(2.) This is a case of alleged police atrocities and custodial death. At the time of occurrence the petitioner was the Superintendent of Police of Golaghat District, Assam. He is a member of the Indian Police Service in the joint cadre of Assam and Meghalaya. He was Superintendent of Police Golaghat District from June, 1994 to January, 1996. Thereafter he was transferred to Guwahati as Superintendent of Police-cum-Fire Service Adviser, Assam. He is now under suspension due to pendency of the aforesaid criminal case.

(3.) The case, in short, is that in 14-10-95 issue of 'Asomiya Pratidin', an Assamese daily, a news was published under the caption "Death due to police torture" and the said news reads as under :