Mokbul Hussain v. The State of Assam

ORDER

15.03.2024 Heard Mr. A.K. Azad, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Addl. P.P, Assam for the State respondent. This is an application under Section 438 of the Cr.PC, 1973 for grant of pre-arrest bail to the petitioner, i.e., Mokbul Hussain, who is apprehending arrested in connection with Doboka P.S. Case No. 01/2024 registered under Sections 120(B)/382/ 367/368 of IPC. The facts of the case is that an FIR was lodged by the informant alleging inter alia that on 30.12.2023, one Truck Container, Tata 1109 was loaded from Changsari Godown with ITC Products for delivery to Dimapur. It is further alleged that the said Truck started from Changsari on 30.12.2023 and on

03.01.2024 from the owner of the Truck, the informant came to know that the said Truck has been hijacked by some unknown Miscreants along with the stocks. Accordingly, a case was registered. Mr. A.K. Azad, learned counsel for the petitioner submits that 9 persons alongwith the petitioner has been arrested in connection with the aforesaid offence. He submits that 8 of the co-accused were already granted bail. He further submits that the petitioner was not named in the FIR. However, the co-accused during interrogation had implicated the petitioner in the alleged offence. Page No.# 3/4 Mr. P. Borthakur, learned Addl. P.P submits that there are materials available on record implicating the petitioner for the alleged offence. I have heard the submissions made at the bar and have perused the materials available on record. It appears that the investigation has substantially progressed and the name of the petitioner though was not named in the FIR, however, subsequently during interrogation on the basis of the statement of the co-accused, the petitioner was arrested and interrogated. It further appears that the other co-accused have already been released on bail. Considering the same, this Court is of the considered view that custodial interrogation of the petitioner is not necessary. Accordingly, it is provided that the petitioner named above shall be released on pre-arrest bail in connection with the above noted case with a bail bond of Rs. 30,000/-with one surety of like amount to the satisfaction of the learned CJM, Hojai, subject to the following conditions:-

(i) That the petitioners shall appear before the Investigating Officer within 7 days, failing which on and from the 8th day, they shall be arrested.

(ii) That the petitioners shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any Police Officer. Page No.# 4/4 This disposes of the anticipatory bail application. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010034902024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/433/2024o MOKBULoHUSSAINo S/OoSOLEMANoALIo R/OoVILL-oBEHULAPARAo SRIJANGRAMo P.S.oBHAYAPURIo DIST.oBONGAIGAON,oASSAM VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oAoKoAZADo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI