Sajidul Islam v. The State of Assam

ORDER

24.06.2024

¶1Heard Md. S. Hussain, learned counsel for the petitioner and also heard Mr. P. Borthakur, learned Additional Public Prosecutor, Assam, appearing for the State respondent. Page No.# 2/3

¶2This application under Section 439 of the Code of Criminal Procedure, 1973 has been filed by the petitioner, namely, Sajidul Islam, who has been shown arrested in Hatigaon P.S. Case No. 86/2024 on 21.05.2024. The petitioner was arrested on 05.05.2024 in connection with another case, i.e. Hatigaon P.S. Case No. 87/2024.

¶3The gist of accusation in this case is that on 01.05.2024, one Rohit Kumar Thakur had lodged an FIR before the Officer-In-Charge of Hatigaon Police Station, inter alia, alleging that a theft took place in his residence at the first floor of Muktinath Housing Society, House No. 87, Ajant Path, Survey, under Hatigaon Police Station and gold jewellery amounting to Rs. 1,50,000/- was stolen therefrom.

¶4The learned counsel for the petitioner has submitted that the petitioner is in no way involved in the offence alleged in this said FIR. However, as he was earlier arrested in connection with a similar offence, he has been arrested in the instant case only because of suspicion.

¶5Learned counsel for the petitioner has submitted that he has been detained behind the bars for last 50 days and he is ready to co-operate in the investigation.

¶6On the other hand, learned Additional Public Prosecutor, has produced the case diary of Hatigaon P.S. Case No. 86/2024 and has submitted that there are incriminating materials in the case diary against the present petitioner and the co-accused of this case have implicated. He has submitted that several such incident of theft have occurred in recent past, where the modus operandi of the committing crime is similar and therefore, he has opposed the grant of bail to the present petitioner.

¶7I have considered the submissions made by the learned counsel for Page No.# 3/3 both the sides and have perused the case diary of Hatigaon P.S. Case No. 86/2024, which was called for in connection with this case. It appears from case diary that though co-accused has implicated him, however, nothing was recovered from his possession. It also appears that the above-named petitioner has already been detained behind the bars since 21.05.2024 and in the meanwhile, one of the co-accused, namely, Siraj Ali @ Chiraj Ali has already been granted bail by this Court, by order dated 19.06.2024, in Bail Application No. 1656/2024.

¶8In view of above, the above-mentioned petitioner is allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only), with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (Metro) subject to the following conditions: i. That the petitioner shall co-operate in the investigation. ii. That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts of the case before the Investigating Officer.

¶9With the above observations, this bail application is hereby disposed of.

¶10Send back the case diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010127302024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1841/2024 SAJIDUL ISLAM S/O MOTIAR RHMAN @ MOTE RAHMAN VILL- GOROIMARI, P.O. GOROIMARI P.S. BATPETA DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MD S HUSSAIN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA