Majlum Hoque v. The State of Assam

ORDER

28.08.2024 Heard Ms R Choudhury, learned counsel and Ms B Hazarika, learned counsel, appearing on behalf of Ms S Roy, learned counsel for the petitioner, Majlum Hoque.

¶2The petitioner has filed this application Section 482 of the BNSS, 2023, with payer for pre-arrest bail, as he is apprehending arrest in connection with Agomoni PS Case No. Page No.# 2/2 59 of 2024, under Section 303(2)/317(2)/3(5) of the BNS, 2023.

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

¶4The allegation against the petitioner is that 44 numbers of rice bags meant for beneficiaries were found in his possession inside his house. When the investigating team reached the petitioner's house, he and his wife were found missing. When his wife was confronted she could not justify why so many bags of rice, i.e. 1100 kgs of rice was stored in her residence. At present, the petitioner is apprehending arrest as the rice was recovered from his house.

¶5It is submitted on behalf of the petitioner that the vehicles carrying the rice bags were stuck in the mud and as a temporary relief, the rice bags were stored in his house.

¶6The learned Additional Public Prosecutor has raised serious objection stating that there are incriminating materials in the Case Diary against the petitioner.

¶7I have also scrutinized the Case Diary.

¶8Indeed there are incriminating materials in the Case Diary against the petitioner.

¶9Investigation is still under progress.

¶10At this juncture, there appears to be no justified ground to extend the privilege of anticipatory bail to the petitioner. Petition stands rejected, at this stage.

¶11Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010169072024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2192/2024 MAJLUM HOQUE S/O JAMAL UDDIN SHEIKH R/O KHERABARI PART-IV, P.S. AGOMONI, DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MRS. S ROY, MS. B. HAZARIKA,MS F N ZAMAN Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND