Md. Afaj Ali v. The State of Assam

ORDER Date : 28-06-2024

Heard Mr. N. Uddin, learned counsel for the petitioner Md. Afaj Ali, who has filed this application under Section 439 of the Code of Criminal Procedure, 1973 with prayer for bail as he is behind bars since 19.05.2024 in connection Page No.# 2/3 with Jagiroad Police Station Case No. 95/2024, under Section 392 of the Indian Penal Code, 1860.

¶2Heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the respondent State. The learned Additional Public Prosecutor has raised objection stating that this petitioner along with the co-accused who have been apprehended in connection with this case have been operating as a gang of dacoits. The petitioner is not entitled to bail. There are incriminating materials in the Case Diary against the petitioner. The staggering magnitude of the offence does not entitle the petitioner to bail. Investigation will be adversely affected if the petitioner is admitted to bail.

¶3The learned counsel for the petitioner has submitted that the petitioner is the owner of the vehicle bearing registration No. AS01NC-6876 (truck) and the driver runs the same on fare and the petitioner has no knowledge about the alleged incident. The petitioner is no way involved in connection with this case and thus the petitioner deserves bail.

¶4The FIR unfolds that on 11.05.2024 at around 6:00 AM, the complainant was informed by the owner of the vehicle bearing registration No. AS/01HC/7609 that the vehicle has been hijacked from Bhumuraguri, Jagiroad by some unknown culprits from the possession of the driver. The approximate value of the loaded articles would be Rs.11,35,863/- (Rupees Eleven Lacs Thirty Five Thousand and Eight Hundred Sixty Three). Later on, the driver of the hijacked vehicle Md. Sahajamal Sheikh was recovered by the Khetri Police Station and Jagiroad Police and when confronted the driver stated that on

11.05.2024 at about 1:30 PM he parked his vehicle at Bhumuraguri, Jagiroad, when two unknown miscreants waylaid him and took him towards Khetri and thereafter, the miscreants had taken away the vehicle. During investigation, the Page No.# 3/3 petitioner along with two accused have been forwarded to custody.

¶5I have considered the submissions at the bar with circumspection. Indeed there are incriminating materials in the Case Diary against the petitioner. However, I have considered the length of detention and I have considered the submission of the petitioner that he will cooperate with the investigation. I have considered the submission of the petitioner that he will abide by any stringent bail conditions if imposed upon him.

¶6Considering all aspects and in view of my foregoing discussions, petition is allowed.

¶7The petitioner shall be enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction of the Chief Judicial Magistrate, Morigaon under the conditions that:

(i) The petitioner shall refrain from such activities with which he is alleged.

(ii) The petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation.

(iii) The petitioner shall cooperate with the investigation.

(iv) The petitioner shall not leave the jurisdiction of the Court without prior permission.

¶8On breach of any of the bail conditions, bail order shall stand cancelled.

¶9In the above terms, this Bail Application stands disposed of.

¶10Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010122392024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1796/2024 MD. AFAJ ALI S/O MD. DUWAD ALI VILL- NO. 1 JABARI P.S. BOKO DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. N UDDIN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND