Tarkik Borah, the husband of actress-influencer Sumi Borah and an accused in the financial scam case involving Bishal Phukan, was granted bail by the Gauhati High Court on Tuesday. The court order came after the accused had spent over 84 days in judicial custody.
The case, registered under various sections of the Indian Penal Code, the Banning of Unregulated Deposit Schemes Act, 2019, and the Assam Special Crimes (Prevention) Act, 2023, alleges that Bishal Phukan, a businessman from Dibrugarh, lured individuals into fraudulent investment schemes, promising high returns.
Tarkik Borah, who is the husband of Bishal Phukan's sister, Sumi Borah, was implicated in the case due to his close association with the prime accused. However, his legal team argued that he was not directly involved in the financial irregularities and had merely accompanied his wife to seek legal advice.
The court, while granting bail, considered the fact that the accused had been detained for an extended period without a formal charge sheet being filed. It also noted that the addition of certain sections to the case, which could have extended the detention period, was not done through a proper legal process.
The court imposed several conditions on the accused, including attendance at the investigating agency when required, surrender of his passport, and a prohibition on tampering with evidence.
The Conditions
While granting bail, the court listed five conditions for Tarkik Borah’s bail:
- He will have to attend the concerned investigating agency as and when required till the filing of the charge sheet.
- Borah has to submit his passports, if any, to the trial court.
- He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case to dissuade them from disclosing such facts to the court or to any police officer or tamper with the evidence of the case in any manner whatsoever.
- The petitioner shall not commit any offence, while he is on bail. In case of violation of any of the above conditions, the CBI court shall be empowered to consider the application for cancellation of bail, if any, filed and pass orders on the same, by law.
- Needless to mention, it would be well within the powers of the investigating agency to investigate the matter and if necessary, to effect recoveries on the information, if any, given by the petitioner, even while the petitioner is on bail, as laid down by the Hon’ble Supreme Court in the case of Sushila Agarwal (Supra).
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