Page No.# 1/3 GAHC010143682023 2025:GAU-AS:294 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2315/2023 HEMANTA TALUKDAR S/O LATE BARUN TALUKDAR WARD NO. 10, DHEKIAJULI TOWN P.O. AND P.S. DHEKIAJULI, SONITPUR, ASSAM, PIN-784110 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. M SARANIA, MR. R BEZBARUAH,MS. C NEWME,MR A SARANIA Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 08-01-2025 Heard Mr. M. Sarania, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the State. 2. Apprehending his arrest, the petitioner, namely, Sri Hemanta Talukdar, son of late Barun Talukdar, resident of Ward No.10, Dhekiajuli Town, P.S.-Dhekiajuli, District-Sonitpur filed this application way back on 27.06.2023 under Section 438 CrPC seeking pre-arrest bail Page No.# 2/3 in Dhekiajuli P.S. Case No. 98/2023 registered under Section 379 IPC read with Section 7 of the Prevention of Corruption Act. 3. The petitioner served as the Secretary of M/s. Dhekiajuli Cooperative Marketing & Consumer Society Limited since 2013 and was also the in-Charge of Mijubari Gram Panchayat Samabai Samity since 2022. 4. As per the FIR dated 13.06.2023 lodged by the Inspector of Food, Civil Supplies, Consumer Affairs @ Legal Metrology, Tezpur, the case is that while he on 12.06.2023 enquired into the irregularities allegedly committed by the petitioner, it was found that the petitioner siphoned NFSA Rice of 724.6 quintals for the month of June, 2023 and 1658.3 quintals for the month of July, 2023 that was provided by the Government for the people under the Below Poverty Line (BPL), which amounts to Rs. 1 crore approximately and thereby the petitioner committed willful violations of the provisions of the Assam Public Distribution of Articles Order, 1982 and the Targeted Public Distribution System (Control) Order, 2015. As such, the said Inspector of Food, Civil Supplies, Consumer Affairs @ Legal Metrology, Tezpur requested the Officer-in-Charge of Dhekiajuli Police Station to register a case under Section 7 of the Essential Commodities Act, 1955 and other relevant Sections of the IPC and necessary laws in force against the petitioner. Said FIR of the Inspector of Food, Civil Supplies, Consumer Affairs @ Legal Metrology, Tezpur was accordingly registered as Dhekiajuli P.S. Case No. 98/2023 under Section 379 IPC read with Section 7 of the Prevention of Corruption Act. 5. The Court earlier by order dated 28.06.2023 granted interim bail to the petitioner in said Dhekiajuli P.S. Case No. 98/2023, which is in force till date. 6. Mr. Sarma, learned APP on instruction submitted that in the meanwhile, the petitioner was arrested in connection with Vigilance P.S. Case No. 04/2023 under Sections 120B/420/406/409 IPC read with Sections 13(1)(a)/13(2) of the Prevention of Corruption Act. 7. Mr. Sarania, learned counsel for the petitioner submitted that in BA No.2827/2023, a co-ordinate Bench of this Court by order dated 21.08.2023 granted bail to the petitioner in said Vigilance P.S. Case No. 04/2023, in which, he was the counsel for the petitioner. 8. It is also submitted by Mr. Sarania, learned counsel that said Vigilance P.S. Case No. Page No.# 3/3 04/2023 was re-registered as Special Case No. 09/2024, presently pending before the learned Special Judge, Assam, wherein, the petitioner is facing the trial. 9. Considering the fact that the petitioner is on interim bail in said Dhekiajuli P.S. Case No. 98/2023 and for the reasons above, the Court is of the view that custodial detention of the petitioner is not warranted for investigation of said Dhekiajuli P.S. Case No. 98/2023. As such, this pre-arrest bail application of the petitioner is accepted. 10. Accordingly, the interim pre-arrest bail granted to the petitioner earlier on 28.06.2023 in said Dhekiajuli P.S. Case No. 98/2023, is hereby made absolute, subject to the compliance of the terms and conditions as specified in the said order dated 28.06.2023 and on compliance of the condition that the petitioner shall not indulge himself in any criminal activities in future. 11. Any violation of the aforesaid term and condition as well as the terms and conditions as specified in the order dated 28.06.2023, noted above, by the petitioner, named above, the pre-arrest bail granted to him in the aforementioned Dhekiajuli P.S. Case No. 98/2023 shall stand automatically vacated. 12. This pre-arrest bail application accordingly stands disposed of. 13. Return the case diary herewith. JUDGE Comparing Assistant