Md. Mainul Hoque v. The State of Assam

ORDER

11.03.2024 Heard Mr. K. Boruah, learned counsel for the petitioners. Also heard Mr. K.K. Das, learned Addl. P.P, Assam. This is an application under Section 438 of the Cr.PC, 1973 for granting Page No.# 2/3 the privilege of pre-arrest bail to the petitioner, i.e., Md. Mainul Hoque, who is apprehending arrested in connection with Bihpuria P.S. Case No. 11/2024 registered under Sections 120(B)/406/420/489(B)/489(C) of IPC. The case of the prosecution is that on 22.01.2024, an FIR was lodged before the jurisdictional Police Station stating inter alia that upon receipt of information from a reliable source to the effect that one boy and a lady were carrying some suspected materials suspected to be fake gold, the Police party went and arrested them, who were travelling in a night super and upon search, some small pieces of suspected to be gold were recovered from one of the co-accused, which was carried inside his shoe and on search from another co-accused, a gold colour boat shaped metal piece suspected to be fake gold was recovered. Accordingly, FIR was registered. Mr. K. Boruah, learned counsel for the petitioners submits that the petitioner is totally innocent of the offence alleged. Mr. K.K. Das, learned Addl. P.P on the other hand strongly opposes the prayer for bail. He further submits on the basis of the materials available in the Case Diary that there are implicating materials collected by the I.O during investigation against the petitioner. I have heard the submissions made at the bar and have perused the materials available on record. It appears from the materials placed before this Court that the co-accused persons had implicated the involvement of the petitioner in the crime before the Police. It further appears that there are involvement of more co-accused in the Page No.# 3/3 case and alongwith their other accomplishes, they run a well organization of fake gold smuggling and fake currency notes smuggling in different parts of Lakhimpur District in different parts of Assam. Considering that the investigation is at an active stage, this Court is not inclined to grant anticipatory bail at this stage. As such, the prayer for anticipatory bail is rejected. This disposes of the anticipatory bail application.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010039062024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/497/2024 MD. MAINUL HOQUE S/O MD. ROHIM UDDIN R/O VILL-MOHGULI, P.S. NORTH LAKHIMPUR, DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. K BORUAH Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI