Mohidul Islam and Anr v. The State of Assam

ORDER

24.05.2024 Heard Mr. A. Deka, learned counsel for the applicants and also heard Mr. B. Sarma, Page No.# 2/3 learned Additional Public Prosecutor, Assam, appearing for the State respondent.

¶2Apprehending arrest in connection with Raha P.S. Case No.04/2024, under Section 379 IPC, this application under Section 438 Cr.P.C. is preferred by two applicants, namely, Mohidul Islam and Abdul Kadir, for grant of pre-arrest bail.

¶3It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by one Bikram Tanti, on 11.01.2024. The essence of allegation made in the aforesaid FIR is that on 10.01.2024, at about 3:00 a.m., one of the cows of the informant was stolen in a vehicle, and then he chased the vehicle, but failed to intercept the same. Then, with the help of some other persons, he further chased the vehicle and found one Baleno car, bearing Registration No.AS-01FK-1690, standing at the Railway crossing and having searched the vehicle, he found his cow kept in the dicky of the said vehicle being tied her legs with ropes. Thereafter, having searched another vehicle, which was also standing there, bearing Registration No.AS-02AM-8775, they found another cow inside the dicky of the said vehicle. But, some of the persons of the car managed to escape due to darkness. Thereafter, he had reported the incident to Chaparmukh P.S.

¶4Mr. Deka, learned counsel for the applicants submits that the applicants are the owners of the vehicles from where the stolen cows were recovered and they are no entangle with the offence alleged in the FIR and the investigation might have been completed in the meantime and as such, their custodial interrogation may not be required and therefore, it is contended to allow the petition.

¶5On the other hand, Mr. B. Sarma, learned Additional Public Prosecutor, Assam, has produced the case diary before this Court and submits that the I.O. has collected materials in support of the allegation made in the FIR and therefore, Mr. Sarma has opposed the petition.

¶6Having heard the submission of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the case Page No.# 3/3 diary with the assistance of Mr. Sarma, learned Additional P.P.

¶7The case diary indicates that the I.O. has collected sufficient incriminating materials against the present applicants. The investigation is going on and some of the co-accused are yet to be arrested. And as such, extending the privilege of pre-arrest bail to the applicants will hamper the investigation.

¶8Having considered above and also considering the nature and gravity of the offence and the punishment prescribed for the same, this Court is of the view that this is not a fit case where the privilege of pre-arrest bail can be granted to the applicants and accordingly, the petition stands dismissed.

¶9Case diary be returned. Comparing Assistant Sd/- Robin Phukan JUDGE

Page No.# 1/3 GAHC010093752024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1207/2024 MOHIDUL ISLAM AND ANR. S/O SAHED ALI VILL- LAO GAON, P.S. NAGAON DIST. NAGAON, ASSAM 2: ABDUL KADIR S/O KASEM ALI R/O VILL- LAO GAON P.S. SAMAGURI DIST. NAGAON ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR A DEKA Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN