Yajul Hoque Alias Eajul Hoque and Another v. The State of Assam

ORDER

15.03.2024

Heard Mr. T. Hussain, learned counsel for the applicants and Mr. B. Sarma, learned Additional Public Prosecutor for the State respondent.

¶2Apprehending arrest in connection with the Satgaon P.S. Case No. Page No.# 2/3 20/2024, under Sections 420/468/471/384/506/34 of the IPC, this application under Section 438 of the Code of Criminal Procedure, 1973, is preferred by applicants namely, Yajul Hoque @ Eajul Hoque and Hafij Ali for grant of pre-arrest bail.

¶3It is to be noted here that the said case has been registered on the basis of one F.I.R., lodged by one Tamiz Uddin Ahmed and Riyaz Ali, on

07.02.2024. The essence of allegation made in the FIR is that the informants have purchased a plot of land, measuring 1 Katha 6 Lechas covered by Dag No. 2157 and Patta No. 1236, of Satgaon village, under Beltola Mouza, with consideration of Rs. 20,80,000/- from the power of Attorney holders namely, Salim Ali of Satgaon and Himangshu Sarma of Borbari Chowk, by registered sale deed dated 05.10.2023, and thereafter, got the same mutated in their name and also paid revenue for the said plot. Thereafter, in the first week of November, 2023, one Ibrahim Ali, with instruction from Yajul Hoque and Hafij Ali, who are land Mafias, illegally grabbed approximately 10 Lechas land, out of 1 Katha 6 Lechas, of their land and residing in the said plot of land by constructing a Tin roof house, after obtaining forged and fabricated land documents from Yajul Hoque and Hafij Ali.

¶4Mr. Hussain, learned counsel for the applicants submits that the applicants are no way involved with the offence alleged in the FIR and that they have purchased the said plot of land in the year 2021 by executing an agreement. Mr. Hussain further submits that a Civil Suit is also pending between the parties and that they are 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, Page No.# 3/3 Mr. Sarma, learned Additional Public Prosecutor submits that the IO has collected sufficient incriminating materials against the applicants 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 assistance of learned Additional Public Prosecutor.

¶7In view of the materials so far collected in the case diary and also the stage of investigation, this Court is of the view that granting of interim pre-arrest bail to the applicants, at this stage, will misdirect the investigation. Custodial interrogation of the applicants seems to be indispensible in the interest of investigation.

¶8Accordingly, this AB stands dismissed.

¶9The case diary be returned.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010038792024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/464/2024 YAJUL HOQUE ALIAS EAJUL HOQUE AND ANOTHER S/O. ALIMUDDIN AHMED, R/O. SATGAON NOWAPARA, MILIJULI PATH, P.O. PANJABARI, P.S. SATGAON, DISTRICT KAMRUP (M), ASSAM. 2: HAFIJ ALI S/O. MD MOFIZ ALI R/O. NOONMATI NIZARAPAR P.O. AND P.S. NOONMATI GUWAHATI - 78I020 DISTRICT KAMRUP (M) ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. T HUSSAIN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN