SHILLONG: The High Court of Meghalaya has issued an anticipatory bail with stringent conditions to the two persons, Sanjib Kalita and Naba Ram Rabha, accused of stealing personal files of the Chairman and Managing Director of NEEPCO.
Kalita submitted before the Court that he complained against NEEPCO CMD A.G West Kharkongor to the Central Vigilance Commission and the Public Enterprise Selection Board with a request to inquire his educational qualifications and with the allegations that the CMD had submitted false declaration of educational qualification.
It is further submitted that based on Kharkongor’s complaints, the statements of Kalita and Rabha were recorded in the office of the CID, Guwahati, and such proceedings, according to the information of the petitioners, are still pending with the Vigilance Commission.
The petitioners’ counsel said they are being threatened in relation to the complaints made and Kalita was put under pressure to withdraw the complaints. He has made a complaint to the Chairman, Human Rights Commission, Bhangagarh, Guwahati, for security.
According to the petitioner, the complaints were made on September 6, 2015, and January 2, 2016, but Kharkongor lodged the FIR only this January to put pressure on the petitioners.
It was further submitted that so far Rabha was concerned, he had no connection with the present matter and that his name appeared to have been used for filing the complaint. Also, Rabha stated that there was no justification for arrest and detention of the petitioners and else, they are ready to cooperate with the investigation.
The public prosecutor, on the other hand, submitted that as per the investigation hitherto carried out, the Investigating Officer has recorded the statements of the MD and also the employees of NEEPCO and during the course of seizure of related files of the informant, several pages have been found missing.
According to the public prosecutor, custodial interrogation of the petitioners would be a requisite.
“This Court will not make any comment on the merits of the case, but in the totality of circumstances and looking to the contents of the first information report wherein the informant has alleged ‘access’ to the documents and taking of copies thereof, which the informant has “construed” as theft; and further looking to the fact that indisputably some complaints have been made with reference to such copies and the matter is acquiring attention of the Central Vigilance Commission too, this Court finds it just and proper that the petitioners be extended the benefit of pre-arrest bail at this stage itself, of course, subject to the terms and conditions and with the observations that this grant of pre-arrest bail shall not have any bearing on any of the complaints made by both or any one of the petitioner but any action in relation to such complaints would be taken by the concerned authorities in accordance with law ,” the Court order said.
The Court also expected that the investigation of the present case would be carried out by the Investigating Officer expeditiously and in accordance with law and the bail application was accordingly allowed and it was directed that in the event of arrest in relation to the Laitumkhrah Police Station case, Kalita and Rabha would be released on bail upon furnishing a personal bond of Rs 20,000 with two sureties of Rs 10,000 each to the satisfaction of the Investigating Officer and subject to the conditions that they would make themselves available for interrogation by the police officer, as and when required.
Also, they should not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.
