Md. Azizul Shikder and Anr v. The State of Assam

ORDER

25.01.2024

Heard Mr. M.R. Sodial, learned counsel for the applicants and Ms. A. Begum, learned Additional Public Prosecutor for the State respondent.

¶2Apprehending arrest in connection with S.T.F. P.S. Case No. Page No.# 2/3 11/2023, under Sections 379/411 of the IPC read with Section 7 of the E.C. Act, this application under Section 438 of the Code of Criminal Procedure, 1973, is preferred by applicants namely, Md. Azizul Shikder and Md. Sahadat Ali for grant of pre-arrest bail.

¶3The said case was registered on the basis of an FIR lodged by SI Rohit Das, on 10.08.2023. The essence of allegations made in the FIR is that acting on a tip off the informant along with his team intercepted one Truck, bearing registration No. AS-15-AC-6752, at Janki Service Station in Amingaon and recovered 100 numbers of Urea bag, concealed under bags of Onions and the driver of the said vehicle could not produce any relevant documents of the said Urea.

¶4Mr. Sodial, learned counsel for the applicants submits that this Court was pleased to grant interim protection to the applicants, vide order dated

22.08.2023, and pursuant to the said order, the applicants had appeared before the IO and have been cooperating with the investigating agency and therefore, it is contended to make the interim order dated 22.08.2023, absolute in the same terms and conditions.

¶5On the other Ms. Begum, learned Additional Public Prosecutor submits that though requisition was sent to the Officer In-Charge of the concerned PS to send the case diary on 22.08.2023; 21.09.2023; 19.10.2023; 12.12.2023; and

11.01.2024, she has not yet been received the case diary. Ms. Begum

¶6Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition as well as the documents placed on record.

¶7Considering the fact that this Court was pleased to grant interim protection to the applicants, vide order dated 22.08.2023, and pursuant to the said Page No.# 3/3 order, the applicants had appeared before the IO and have been cooperating with the investigating agency and as several opportunities was granted to the learned Addl. P.P. to produce the case diary and the same could not be produced till date, this Court is inclined to make the interim order dated 22.08.2023, absolute in the same terms and condition.

¶8In terms of above this AB stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010183172023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2898/2023 MD. AZIZUL SHIKDER AND ANR SON OF MD. ASHAN UDDIN, RESIDENT OF VILLAGE- HEPCHACHOR, BORGHAT, P.S. AND P.O. KASUMARA, DISTRICT- BARPETA (ASSAM), PIN- 781302 2: MD. SAHADAT ALI SON OF LATE SALAM MIYA RESIDENT OF VILLAGE- CHARAK PARA P.S. AND P.O. BARPETA DISTRICT- BARPETA (ASSAM) PIN- 78130 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. S S S RAHMAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN