Firoj Ali v. The State of Assam

ORDER

08.05.2024

Heard Mr. H. Bezbarua, learned counsel for the applicant and Mr. B.B. Gogoi, learned Additional Public Prosecutor for the State respondent.

¶2Apprehending arrest in connection with Howly P.S. Case No. 08/2024, under Sections 380/411/34 of the IPC, this application under Section Page No.# 2/3 438 Cr.P.C. has been preferred by the applicant, namely, Firuj Ali, 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 Sadek Ahmed on 03.02.2024. The essence of allegation made in the FIR dated 03.02.2024, is that on that day, at about 3:30 a.m., when an employee of Airtel Company, namely, Arun Deka, informed him that two numbers of RRU machine have been stolen from Indus Tower of Dalgaon under Howly P.S., he came to the place of occurrence and found one vehicle, bearing Registration No. AS01JC8516, being parked near the place of occurrence and also found one person, namely, Manik Ali, and on being searched, he found one RRU machine in the said vehicle and when asked, Manik Ali stated that the said RRU machine was stolen from Indus Tower, along with Babul Ali, Firoj Ali and Dangar.

¶4Mr. Bezbarua, learned counsel for the applicant submits that the applicant is innocent and no way involved with the offence alleged in the FIR and that he is ready to cooperate with the investigating agency and therefore, it is contended to allow the petition.

¶5On the other hand, by producing the Case Diary before this Court, Mr. Gogoi, learned Additional Public Prosecutor submits that the I.O. has collected some incriminating materials against the applicant and that the investigation is still going on and therefore, it is contended to dismiss the petition.

¶6Having heard the submission of learned Advocates of both sides, I have carefully gone through the petition as well as the documents placed on record and also perused the Case Diary produced before this Court with the Page No.# 3/3 assistance of learned Additional Public Prosecutor.

¶7The case diary indicates that the I.O. has collected sufficient incriminating materials against the applicant. Further, it appears that the investigation is still going on and one of the RRU is yet to be recovered.

¶8In view of above and also in view of the materials, so far collected in the case diary, this Court is of the view that this is not a fit case where the privilege of pre-arrest bail can be extended to the applicant and therefore, the same stands dismissed.

¶9The case diary be returned.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010033162024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/421/2024 FIROJ ALI S/O NUR MAHAMMAD ALI R/O - KHANDAKARPARA P.O - BHELLA DIST - BARPETA ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP ASSAM ------------ Advocate for : MR. R MAZUMDAR Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN