Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 8443 (GAU)

CHANDAN RANJAN DAS, v. THE STATE OF ASSAM

AB/496/2025 · 2025-03-27

Manash Ranjan Pathak

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010043342025 2025:GAU-AS:3631 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/496/2025 CHANDAN RANJAN DAS, DIRECTOR OF SOIL CONSERVATION, GOVT.OF ASSAM S/O KAMALA KANTA DAS, R/O KRISHNA NAGAR, RAMSA HILL, P.S. CHANDMARI, DISTRICT KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. K K HANDIQUE, MR. N MALAKAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 28.03.2025 Heard Mr. K K Handique, learned counsel for the petitioner and Mr. M P Goswami, learned Additional Public Prosecutor, Assam for the State. 2. Apprehending his arrest, the petitioner, namely, Chandan Ranjan Das, Director of Soil Conservation, Government of Assam, son of Kamala Kanta Das, resident of Krishna Nagar, Ramsa Hill, Police Station-Chandmari, District-Kamrup(Metro), has filed this Page No.# 2/3 application on 27.02.2025 under section 482 BNSS, 2023, seeking pre arrest bail in Nalbari Police Station Case No. 63/2025 under Section 308(4) of the BNS, 2023. 3. The FIR of the case was lodged on 21.02.2025 by one Kamal Das in the pad of Bharatiya Janata Party Uttar Nalbari Mandal Committee, alleging that one Jadir Hussain, Divisional Soil Conservation Officer, Nalbari and the petitioner, Director of Soil Conservation demanded Rs. 1,00,000/- from the villagers for allotment of soil conservation dam for erosion protection in the district of Nalbari. The FIR named accused Jadir Hussain demanded the money and the petitioner used to get share of the said demanded money. 4. Accordingly, the said FIR dated 21.02.2025 was registered as Nalbari Police Station Case No. 63/2025 under Section 308(4) of the BNS, 2023. 5. The Court by order dated 04.03.2025 granted interim pre-arrest bail to the petitioner in said Nalbari P.S. Case No. 63/2025, pursuant to which, the petitioner appeared before the concerned Investigating Officer of the case and his statement has already been recorded. 6. During investigation of the case, police have already seized the relevant documents and records. 7. It is seen from the case diary placed before the Court today by Mr. M P Goswami, learned APP, Assam that the Minister concerned of the Public Health Engineering, Skill, Employment and Entrepreneurship and Tourism Department on 29.06.2024 recommended the schemes to be allotted under the RIDF Project, 2024-25 to the Director of Soil Conservation, Guwahati. Pursuant to the said recommendation and approved by the concerned Departmental Minister and on due verification, the relevant project was allotted by the Department of Soil Conservation in the district of Nalbari. 8. Considering such materials in the case diary and as the petitioner has already appeared before the concerned I.O. of the case and is co-operating with the investigation of the case, this Court is of the opinion that custodial detention of the petitioner, Chandan Ranjan Das, is not warranted for investigation of said Nalbari Police Station Case No. 63/2025. 9. As such, this pre-arrest bail application of the petitioner in said Nalbari P.S. Case No. 63/2025 is accepted. Page No.# 3/3 10. Accordingly, the interim bail granted to the petitioner on 04.03.2025 in said Nalbari P.S. Case No. 63/2025 is hereby made absolute, subject to the compliance of the terms and conditions as specified in the said order dated 04.03.2025 and on conditions that the petitioner – (i) shall appear before the Investigating Officer of Nalbari P.S. Case No. 63/2025, as and when he is required for necessary investigation of said Nalbari P.S. Case and shall cooperate with the investigation; (ii) shall not hamper with the investigation, or tamper with the evidence of the case; (iii) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; and (iv) shall not involve himself in any criminal activities in the future. 11. Any violation of the terms and conditions as specified in the order dated 04.03.2025, noted above, as well as the aforementioned terms and conditions by the petitioner, Chandan Ranjan Das, the pre-arrest bail granted to him in said Nalbari P.S. Case No. 63/2025 shall stand automatically vacated. 12. This pre-arrest bail application accordingly stands disposed of. 13. Return the case diary herewith. JUDGE Comparing Assistant