Jabbar Ali and Anr v. The State of Assam

PageoNo.#o1/4 GAHC010199262024 ooooooo 2024:GAU-AS:13086 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o oLinkedoCaseo:oAB/2147/2024 JABBARoALIoANDoANR S/OoLATEoBAJARoALIo R/OoVILL-oKHERBARIoPART-IV o P.S.oAGOMANIo DIST.oDHUBRI oASSAM 2:oMINAJULoHOQUE S/OoJABBARoALIo R/OoVILL-oKHERBARIoPART-IV o P.S.oAGOMANIo DIST.oDHUBRI oASSAM oVERSUS THEoSTATEoOFoASSAM REPoBYoTHEoPP oASSAM o------------ oAdvocateoforo:oMRoFoHAQUE Advocateoforo:oPP oASSAMoappearingoforoTHEoSTATEoOFoASSAM ooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo BEFORE HONOURABLEoMRS.oJUSTICEoSUSMITAoPHUKANoKHAUND ORDERo Page No.# 2/4

20.12.2024

¶1Ms. S. Roy, learned counsel has submitted that there has been an inadvertent error in mentioning her name as counsel for the petitioner on successive dates i.e on 12.12.2024 and 10.12.2024.

¶2It is submitted that she is not the learned counsel representing the petitioner, Jabbar Ali in connection with this case.

¶3Mr. F. Haque, the learned counsel is present for the petitioner, Jabbar Ali today.

¶4The petitioners Jabbar Ali and Minajul Hoque have filed this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as they are apprehending arrest in connection with Agomani P.S. Case No. 59/2024 under Sections 303(2)/317(2)/3(5) of the BNS.

¶5Heard Mr. K. K. Das, learned Additional Public Prosecutor, Assam for the respondent State.

¶6The allegation against the petitioners is that the driver of the vehicle bearing registration no. WB-69-7610, Mr. Bilash Toppo has informed the investigating team that 44 bags of rice was loaded from Jabbar Ali's house and was supposed to transported to Borbiya, West Bengal, but the vehicle got stuck in the mud. Jabbar Ali along with the help of others hurriedly unloaded the rice bags from the vehicle and transported the same to Mojmul Hoque's house. When the driver was asked to produce the documents with respect to the transportation of rice, the driver failed to produce the same. The driver, however, led the investigating team to the house where the rice bags were kept. When the investigating team along with the witnesses reached the house, Mojmul Hoque and his wife were not found inside the house but they found the Page No.# 3/4 rice bags. After sometime, Mojmul Hoque and his wife appeared. When confronted, Mojmul Hoque and his wife denied any knowledge about the rice bags being placed in their house and they could not produce any documents relating to 44 bags of rice being kept in their house which weighed around 1100 kgs. The rice was seized.

¶7It is submitted on behalf of the petitioners that the truck got stuck in the mud due to rain. The rice bags were shifted to Mojmul Hoque's house. These bags were seized and taken away. The petitioners are not in custody of the bags.

¶8The petitioners are willing to cooperate with the remaining part of investigation. The petitioners have admitted that they are not the owners of the rice nor they were in possession of the same.

¶9Learned Additional Public Prosecutor has raised serious objection stating that the rice was deliberately removed by Jabbar Ali and kept Mojmul Hoque's house for wrongful gain. Both the petitioners in connivance have stolen the rice bags and the petitioners are complicit.

¶10I have considered the submissions at the Bar with circumspection. Investigation has progressed substantially. I have scrutinized the Case Diary. It appears that custodial interrogation may not be required.

¶11I deem it a fit case to grant interim bail to the petitioners as the petitioners are willing to abide by any stringent bail conditions if imposed upon them. The petitioners are local residents and they are not flight risks.

¶12In view of my foregoing discussions, petition is allowed. The petitioners are enlarged on bail of Rs. 50,000/- each with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that: Page No.# 4/4

(i) The petitioners shall refrain from such activities with which they are alleged,

(ii) The petitioners shall appear before the Investigating Officer within 1 week and cooperate with the investigation,

(iii) The petitioners shall not leave the jurisdiction of the Court without permission, and

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

¶13On breach of any of the bail conditions, bail order shall stand automatically cancelled.

¶14In terms of the above observation, this anticipatory bail application stands disposed of.

¶15Send back the Case Diary. JUDGE Comparing Assistant