Rijul Hoque v. The State of Assam

ORDER Date : 22.04.2024

Heard Mr. Z. Hussain, learned counsel for the petitioner. Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor for the State.

¶2This is an application filed under Section 439 Cr.P.C., seeking bail by the Page No.# 2/3 petitioner, namely, Rijul Hoque, in connection with Sipajhar P.S. Case No. 323/2023, registered under Section 22(c) of NDPS Act, 1985.

¶3It is submitted by the learned counsel for the petitioner that the petitioner is no way involved in the alleged offence and he has been arrested due to the fact that the alleged contraband was recovered from a secret chamber of his vehicle bearing Regd. No. AS-01-JC-6604. It is also submitted that the petitioner sold the said vehicle to one Haidar Ali. It is further submitted that the petitioner has been detained in custody since 08.10.2023. Considering the length of detention as well as the nature of the offence, bail may be granted to the petitioner.

¶4On the other hand, Mr. Kaushik, learned Additional Public Prosecutor for the State has vehemently objected to the prayer of the accused/petitioner by stating that the petitioner is very much involved in the alleged offence and there is sufficient incriminating materials found in the case record against the petitioner. Considering the nature of offence, bail may not be granted to the petitioner at this stage.

¶5I have considered the submissions made by the learned counsel for the parties. I have also perused the case record.

¶6It appears from the record that the petitioner is the owner of the said vehicle from which large quantity of contraband was transported from Mangaldai side towards Guwahati. Accordingly, the petitioner was arrested being the owner of the vehicle.

¶7In view of the above, this Court is not inclined to grant bail to the Page No.# 3/3 petitioner. Hence, prayer for bail is rejected.

¶8The bail application stands disposed of accordingly. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010049262024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./705/2024 RIJUL HOQUE S/O - SIRAJUL HOQUE , PERMANENT RESIDENT OF VILLAGE- MOLLAPARA P.S MANGALDAI DISTRICT - DARRANG (ASSAM) PIN - 784125 VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P. ASSAM. Advocate for the Petitioner : MR. RASHIDUL ISLAM Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI