Mozid Ali v. The State of Assam

ORDER

26.09.2023 Heard Mr. S. Munir, learned counsel for the accused and also heard Ms. A. Begum, learned Additional Public Prosecutor, Assam, appearing for the State respondent.

¶2This application under Section 439 Cr.P.C. is preferred by the accused, namely, Mozid Ali, who has been languishing in jail hazot since 09.09.2023, in connection with Page No.# 2/3 Paltanbazar P.S. Case No.394/2023, under Section 379 IPC, for grant of bail.

¶3It is to be noted here that the aforementioned case has been registered on the basis of one FIR lodged by one Pradip Rabha of Paltanbazar P.S. on 08.09.2023. The essence of allegation made in the FIR is that on that day while he was attending duty at Rehabari area along with ERSS-9 staff, he found one person loading some stolen copper wire, copper pipe, iron water tap and other metallic articles in a TATA YODHA vehicle bearing Registration No.AS-01PC-9975 in a scrap shop belonging to Shah Alom Sheikh.

¶4Mr. Munir, learned counsel for the accused submits that the accused was arrested on 09.09.2023 and since then he has been languishing in jail hazot and there is no FIR relating to stealing of the articles mentioned in the FIR and that the accused is the driver of the vehicle belonging to Shah Alom Sheikh, the owner of the damp and that he is no way involved with the offence alleged in the FIR and that he is ready to cooperate with the investigating agency and therefore, it is contended to allow the petition.

¶5Whereas, Ms. A. Begum, learned Additional Public Prosecutor, Assam, has opposed the petition and producing the case diary before this Court Ms. Begum submits that the I.O. has collected sufficient incriminating materials against the accused and that the investigation is going on and therefore, it is contended to dismiss the petition.

¶6Having heard the submission of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the case diary with the assistance of Ms. Begum, learned Additional Public Prosecutor, Assam.

¶7It appears from the case diary that the I.O. has achieved substantial progress in the investigation of the case. He has already arrested some of the accused persons and also seized the articles found in the TATA YODHA vehicle. Notably, no FIR has been filed regarding stealing of the aforementioned articles, namely, copper wire, copper pipe, iron water tap and metallic articles. In view of above, and also in view of the progress of investigation and the materials collected so far in the case diary, further custodial detention of the accused seems to be unwarranted here in this case and therefore, this Page No.# 3/3 Court is inclined to allow this petition. It is provided that on furnishing a bail bond of ` 50,000/-, with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup(M), the accused be enlarged on bail in connection with Paltanbazar P.S. Case No.394/2023, under Section 379 IPC.

¶8In terms of above, this bail application stands disposed of.

¶9CD be returned. Comparing Assistant Sd/- Robin Phukan JUDGE

Page No.# 1/3 GAHC010211372023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3345/2023 MOZID ALI S/O- LT. ABDUR RASHID, VILL- BIRSHING PART-I, FAKIRGANJ, P.S. FAKIRGANJ, DIST.- DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY P.P., ASSAM Advocate for the Petitioner : MR. S MUNIR Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN