Rup Khan and Anr v. The State of Assam

ORDER Date : 05.11.2024 Heard Mr. S.C. Biswas, learned counsel appearing for the petitioners as well as Mr. R.J. Baruah, learned Additional Public Prosecutor for the state of Assam. Page No.# 2/3

¶2This is an application under Section 483 of the BNSS, 2023 whereby the petitioners, 1. Rup Khan and 2. Mokbul Ali have prayed for releasing them on bail, after they were arrested in connection with Tarabari P. S. Case No. 56/2024 (corresponding

to

GR

Case

No.1170/2024)

under

Sections 61/123/309(4)/310(2) of the BNSS, 2023.

¶3Mr. Baruah submits that the case diary has been transferred to Sarthebari Police Station pursuant to the order passed by the learned Chief Judicial Magistrate, Barpeta.

¶4Mr. Biswas submits that these petitioners have already completed 51 days in judicial custody. According to Mr. Biswas, since the vehicle and the stolen goods have already been recovered, further custodial detention of the petitioners is not warranted.

¶5On 15.09.2024, a truck bearing registration No.WB-53C-6095 loaded with iron pipes was hijacked. Subsequently, the truck loaded with iron pipes were recovered by police. The driver of the truck told the informant that these two petitioners alongwith two other persons had administered intoxicating substance to him and after that they had hijacked the vehicle.

¶6Mr. Baruah has pointed out that in the police forwarding report, the hijacked truck alongwith iron pipes were recovered from the possession of the present petitioners.

¶7I have considered the submissions made by the learned counsels of both sides.

¶8The stolen goods have already been recovered. The petitioners have already completed 51 days in judicial custody. After hearing the learned counsels of both sides, this Court is of the opinion that the petitioners no longer Page No.# 3/3 deserve to be detained in custody. Therefore, their bail application is allowed.

¶9The petitioners, namely, 1. Rup Khan and 2. Mokbul Ali, who were arrested in connection with Tarabari P. S. Case No. 56/2024, shall be released on bail of Rs.20,000/- each with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Barpeta.

¶10The bail application stands disposed of accordingly. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010205032024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3009/2024 RUP KHAN AND ANR S/O PAHAR KHAN, R/O VILL- DHANBANDHA, P.S.-BARPETA, DIST- BARPETA, ASSAM 2: MOKBUL ALI S/O LATE MAHER ALI R/O VILL- KALBARI P.S.-SORBHOG DIST- BARPETA ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. S C BISWAS, MR. F A HASSAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA