Dilsha Morol and Anr v. The State of Assam

ORDER Date : 22.02.2024

Heard Mr. N. Hoque, learned counsel for the applicants. Also heard Ms. A. Begum, learned Addl. Public Prosecutor for the State respondent.

¶2Apprehending arrest in connection with Mayong P.S. Case No. 149/2023, under Section 380 of the IPC, this application under Section 438 of the Code of Criminal Procedure, 1973, is preferred by two applicants, namely, Dilsha Morol and Inamul Hussain, for grant of pre-arrest bail.

¶3It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by one Muksidul Hussain on 07.12.2023. The essence of allegation made in the FIR dated 07.12.2023 is that in the night of

05.12.2023, while the informant was sleeping in the house of Abdul Latif, by keeping his Pulsar 125 bike, bearing Registration No. AS-21M-4643, in the house of said Abdul Latif, then, on the next day morning, he found the same missing.

¶4Mr. Hoque, learned counsel for the applicants submits that the stolen motorcycle has already been recovered from the house of one Ruhul Amin, and the present applicants are no way involved in the offence alleged in the FIR and that they are ready to cooperate with the investigating agency and therefore, it is contended to allow the application.

¶5On the other hand, Ms. A. Begum, learned Addl. Public Prosecutor has produced the case diary before this Court and submits that the person from whose house the motorcycle was recovered, was given to him by the present two applicants, and investigation is going on and the case is pending for arrest of the present two applicants, and therefore, Ms. Begum has contended to Page No.# 3/3 dismiss the application.

¶6Having heard the submission of learned Advocates of both sides, I have carefully gone through the application and the documents placed on record and also perused the case diary with the assistance of Ms A. Begum, learned Addl. Public Prosecutor.

¶7It appears from the case diary that the I.O. has collected sufficient incriminating materials against both the applicants and in the interest of investigation, their custodial interrogation seems to be indispensable here in this case, and therefore, this Court is inclined to dismiss this application.

¶8In terms of above, this application stands disposed of.

¶9Case diary be returned. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010029022024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/360/2024 DILSHA MOROL AND ANR. S/O MOINUL HOQUE R/O NO. 1 KHULABHUYA P.S. MAYONG DIST. MORIGAON, ASSAM 2: INAMUL HUSSAIN S/O SHAHED ALI R/O BURABURI BAZAAR KURANIBARI P.S. MAYONG DIST. MORIGAON ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MD. S HUDA Advocate for the Respondent : PP, ASSAM Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN