Rajendra Naik v. The State of Assam

ORDER

25.06.2024 Heard Mr. F.A. Hassan, learned counsel for the applicant and also heard Mr. P.S. Lahkar, learned Additional Public Prosecutor, Assam, appearing for the State respondent.

¶2This application under Section 438 Cr.P.C. is preferred by applicant, namely, Rajendra Naik, who has been apprehending arrest in connection with Azara P.S. Case Page No.# 2/3 No.85/2024, under Section 407/379 IPC, for grant of pre-arrest bail.

¶3It is to be noted here that the above noted case has been registered on the basis of an FIR lodged by one Anurag Agarwal, on 13.04.2024. The essence of allegation made in the aforesaid FIR is that on 12.04.2024, at about 7:30 p.m., 200 packets of moong dal, 30 kg in each packet, 100 packets of chana dal, 30 kg in each packet, 500 packets of mosur dal, 30 kg in each packet, worth of ` 19,07,307/- and 100 packets of moong dal, 30 kg in each packet worth of ` 3,31,821/- were loaded in a Truck, bearing Registration No.NL-01K-1761, belonging to R.K. Transport, Azara driven by one Umad Ali, and the consignment was supposed to be delivered to Maya Product, Barpeta road. But, later on, he found the vehicle along with the loaded articles missing and also found the mobile phone of the driver switched off.

¶4Mr. Hassan, learned counsel for the applicant submits that the applicant is innocent and no way involved with the offence alleged in the FIR and that his name also finds no mentioned in the FIR and that he is ready to cooperate with the investigating agency and therefore, it is contended to allow the petition.

¶5On the other hand, Mr. P.S. Lahkar, learned Additional Public Prosecutor, Assam, has produced the case diary before this Court and referring to the evidence collected so far in the case diary, Mr. Lahkar submits that the present applicant is the kingpin of the offence and the entire conspiracy was hatched by him along with the other co-accused and that his custodial interrogation is very much necessary in the interest of investigation and therefore, it is contended to dismiss 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 diary with the assistance of Mr. Lahkar, learned Additional P.P.

¶7The case diary indicates that the I.O. has collected sufficient incriminating materials against the present applicant. It also appears that he is the person who has hatched the entire conspiracy with other co-accused to commit the offence. Investigation is still going Page No.# 3/3 on and some materials are yet to be recovered. Having regards to above and also having regards to 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 applicant and accordingly, the petition stands dismissed. Case diary be returned.

¶8In terms of above, this anticipatory bail application stands disposed of. Comparing Assistant Sd/- Robin Phukan JUDGE

Page No.# 1/3 GAHC010122982024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1593/2024 RAJENDRA NAIK S/O- BHAGARAM NAIK, R/O- VILL.- BEHARBARI, P.O. AND P.S. BASISTHA, DIST. KAMRUP(M), PIN- 781029. VERSUS THE STATE OF ASSAM REP. BY THE P.P., ASSAM Advocate for the Petitioner : MR. S C BISWAS Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN