Chitta Kamal Bezborah vs. The State Of Assam

Held

The Court held that custodial interrogation of the petitioner was not warranted for the investigation of Mariani P.S. Case No. 178/2022. The Court considered the submissions of both parties and the materials in the case diary, noting that the petitioner and a co-accused had absconded with the invested money after soliciting investments through WhatsApp for the 'Boston Dynamic Assam' organization. The Court also took into account the Investigating Officer's note regarding the petitioner's non-cooperation. The Court found that the interim pre-arrest bail granted to the petitioner on 03.02.2023 should be made absolute. The ratio decidendi is that in cases involving allegations of financial fraud and investment schemes, pre-arrest bail can be granted if custodial interrogation is not deemed necessary, provided certain conditions are met to ensure cooperation with the investigation and prevent further offenses. The petitioner was directed to appear before the Investigating Officer weekly for ten weeks, not indulge in criminal activities, not leave the territorial jurisdiction without permission, and not tamper with evidence or influence witnesses. The Court expressly left undecided any issues related to the merits of the criminal charges themselves, focusing solely on the bail application.

Facts

The petitioner, Sri Chitta Kamal Bezborah, filed an application under Section 438 Cr.P.C. seeking pre-arrest bail in Mariani Police Station Case No. 178/2022. This case was registered under Sections 406/420 IPC and Sections 4/5 of the Prize Chits and Money Circulation Scheme (Banning) Act, 1978. The petitioner had been granted interim bail on 03.02.2023. The prosecution alleged that the petitioner, a journalist, solicited investments from local people through a WhatsApp group for a non-existent organization called Boston Dynamic Assam, promising doubled returns and claiming GST payments to the Central Government. The organization is no longer in existence, and its presence on WhatsApp is untraceable. The petitioner appeared before the Investigating Officer but did not cooperate with the investigation. A similar case (Titabor P.S. Case No. 167/2022) involving the petitioner and related issues had also resulted in interim pre-arrest bail.

Key Issues

1. Whether the petitioner is entitled to pre-arrest bail in Mariani P.S. Case No. 178/2022, registered under Sections 406/420 IPC and Sections 4/5 of the Prize Chits and Money Circulation Scheme (Banning) Act, 1978, considering the allegations of cheating and fraudulent investment schemes? (Question of law and fact, turning on Sections 406/420 IPC and Sections 4/5 of the Prize Chits and Money Circulation Scheme (Banning) Act, 1978). Petitioner's Contentions: The petitioner relied on a coordinate bench's order granting interim pre-arrest bail in a similar case (Titabor P.S. Case No. 167/2022) involving related issues. The petitioner sought to make the interim bail absolute. Revenue/State's Contentions: The State, through the Additional Public Prosecutor, submitted that the petitioner, a journalist, allegedly lured local people to invest in a non-existent organization (Boston Dynamic Assam) via WhatsApp, promising high returns and falsely claiming GST payments. The organization is no longer traceable, and the petitioner did not cooperate with the investigation. The State highlighted that the petitioner and a co-accused absconded with the invested money.