Md Raju Ahmed @ Tarikul Ahmed v. The State of Assam

ORDER

16.08.2024

¶1Heard Mr. B. Chowdhury, learned counsel for the petitioner MD. Raju Ahmed @ Tarikul Ahmed.

¶2The petitioner has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since Page No.# 2/3

22.07.2024 in connection with North Lakhimpur Police Station Case No. 169/2024 corresponding to GR No. 521/2024 under Sections 61(2)/306/112(1) of the BNS.

¶3Heard Mr. B. B. Gogoi, learned Additional Public Prosecutor, Assam for the respondent State.

¶4The FIR unfolds that the informant noticed some goods were missing from the godown of which he was incharge. On 20.07.2024 at about 8 p.m., a large number of electronic goods were recovered, and on receiving such information, the police came to the spot and noticed that some of the goods stolen were materials belonging to the business enterprise which was stored in the godown of which the informant was incharge. Later, it was learned that the accused No. 1 was involved in the theft of the goods which was recovered from the present petitioner.

¶5It is submitted on behalf of the petitioner that the petitioner is not the accused No. 1. The accused No. 1 who has committed the theft of goods have given the articles to the petitioner. The petitioner was not aware that the articles were stolen goods and he had accepted the goods.

¶6Learned Additional Public Prosecutor has raised objection for granting of bail without going through the Case Diary.

¶7I have considered the submissions at the Bar. The petitioner is behind bars since 20.07.2024.

¶8Investigation may have presumably progressed to a certain extent. It appears that custodial detention may not be required for progress of investigation. The petitioner is a local resident and he is not a flight risk. The petitioner is willing to cooperate with the remaining part of the investigation. Page No.# 3/3

¶9In view of my foregoing discussions, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the learned CJM, North Lakhimpur, Lakhimpur 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 every fortnight till completion of the investigation, and

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

¶10On breach of any of the bail conditions, bail order shall stand automatically cancelled.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010159052024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2345/2024 MD RAJU AHMED @ TARIKUL AHMED S/O MD. JALALUDDIN AHMED, R/O VILL- GUBRISALI, P.S.-NORTH LAKHIMPUR, DIST- LAKHIMPUR (ASSAM) VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND