Saiful Islam v. The State of Assam

ORDER

11.09.2023

Heard Mr. H.R.A. Choudhury, learned Senior Counsel assisted by Mr. H. Ali, learned counsel for the accused and Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent.

¶2This application under Section 439 of the Code of Criminal Procedure, Page No.# 2/3 1973, is preferred by accused, namely, Saiful Islam, who has been languishing in jail hazot in connection with the Hatigaon P.S. Case No. 285/2023, under Section 379 of the IPC, for granting bail.

¶3The aforementioned case has been registered on the basis of one FIR lodged by Tanver Alom Khan, on 30.08.2023. The essence of allegations made in the FIR is that on 29.08.2023, at about 3.20 am, some unknown miscreants entered into his house premises and stolen away Electric Wires worth of Rs. 60,000/- and the said incident has been captured in the CCTV footage.

¶4Mr. Choudhury, learned Senior Counsel appearing for the accused submits that the accused was arrested on 01.09.2023, and since then he has been languishing in jail hazoot. Mr. Choudhury further submits that the accused has the license of doing business of scarp materials and that the petitioner had purchased the scarp materials without knowing the same to be a stolen property and that he is innocent and he is ready to cooperate with the investigating agency and therefore, it is contended to enlarge the present accused on bail.

¶5On the other hand, Mr. Borthakur, learned Additional Public Prosecutor has opposed the petition on the ground that the materials collected so far in the case diary, implicates the accused with the offence alleged in the FIR and that the investigation is going on and some of the co-accused are yet to be arrested.

¶6Having heard the submission of learned Advocates for both sides, I have carefully gone through the petition as well as the materials placed on record and also perused the case diary with the assistance of learned Addl. P.P.

¶7It is not in dispute that the accused was arrested on 01.09.2023, and since then he has been languishing in jail hazoot. Further, it is not in dispute that 6 kg of Copper Wires were recovered from the possession of the present accused Page No.# 3/3 and seized the same vide seizure list, dated 31.08.2023. Further, it appears from the case diary that the IO has achieved substantial progress in the investigation and in view of the nature and gravity of the offence and balancing the same with the period of detention, this Court is inclined to allow the petition.

¶9Accordingly, it is provided that on furnishing a bond of Rs. 50,000/- only, with one surety of like amount to the satisfaction of the learned CJM, Kamrup [M] at Guwahati the accused be enlarged on bail.

¶10In terms of above, this bail application stands disposed of.

¶11The case diary be returned.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010200782023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3149/2023 SAIFUL ISLAM S/O LATE MAKIBOR RAHMAN VILL- DEURIKUCHI P.S. BARPETA, DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN