Mohburur Rahman @ Mamon Ahmed and 3 Ors v. The State of Assam

ORDER Date : 31-05-2024

Heard Mr. A. Choudhury, learned counsel for the petitioners namely 1. Mohburu Rahman @ Mamon Ahmed, 2. Shamim Ahmed Tapadar, 3. Md. Kurban Ali and 4. Kazi Md. Izaz Ahmed.

¶2The petitioners have filed this application under Section 438 of the Code of Criminal Procedure, 1973 with a prayer for pre-arrest bail they are apprehending arrest in connection with Badarpur Police Station Case No. 77/2024 under Sections 342/325/364(A)/386/385/34 of the Indian Penal Code, 1860.

¶3Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor for the respondent State.

¶4I have considered the submissions at the bar with circumspection.

¶5The allegation against the petitioners is that they kidnapped the driver and the other occupants of the truck bearing registration No. AS-15AC-6586 and assaulted them and forcefully robbed an amount of Rs.85,000/- (Rupees Eighty Five Thousand) through phone-pay and also Rs.3000/- (Rupees Three Thousand) in cash. Thereafter, they took them in a car in two different locations and left them and the petitioners fled.

¶6It is submitted on behalf of the petitioners that the owner of the truck had to supply betel nuts which the owner did not and then, they had taken the Page No.# 3/3 money of the betel nuts and thus no offence of kidnapping and extortion has been made out. The petitioners have denied that they have committed the offence as alleged.

¶7Heard Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam for the respondent State, who has raised serious objection stating that there are incriminating materials in the Case Diary against the petitioners.

¶8I have scrutinized the Case Diary.

¶9Indeed there are incriminating materials in the Case Diary against the petitioners.

¶10Considering all aspects, it is held that there appears to be no justified ground to extent the privilege of pre-arrest bail to the petitioners at this stage.

¶11In the above terms and conditions, this Anticipatory Bail application stands disposed of.

¶12Send back the Case Diary.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010072652024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/944/2024o MOHBURURoRAHMANo@oMAMONoAHMEDoANDo3oORS.o S/OoABDULoSUKKUR,o VILL.-oKASIRGRAM,oBHANGA,oP.S.-oBADARPUR,oDIST.-oKARIMGANJ. 2:oSHAMIMoAHMEDoTAPADAR oS/OoSAHIDoAHMEDoTAPADAR o VILL.-oMAIRGRAM oP.S.-oBADARPUR oDIST.-oKARIMGANJ. 3:oMD.oKURBANoALI oS/OoALIYAoBEGUM o VILL.-oBUNDASHIL oP.S.-oBADARPUR oDIST.-oKARIMGANJ. 4:oKAZIoMD.oIZAZoAHMED oS/OoKAZIoABDULoAHMEDoHASAN o VILL.-oKAJIRGARM oP.S.-oBADARPUR oDIST.-oKARIMGANJ oASSAMo VERSUSo THEoSTATEoOFoASSAMo REP.oBYoTHEoPUBLICoPROSECUTOR. AdvocateoforotheoPetitionerooooo:oMR.oAoCHOUDHURYo Page No.# 2/3 Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND