Abdul Faruk v. The State of Assam

ORDER

22.09.2023 Heard Mr. P. Hazarika, learned counsel for the accused and also heard Mr. P. Borthakur, learned Additional Public Prosecutor, Assam, appearing for the State respondent. Page No.# 2/3

¶2This application, under Section 439 of the Code of Criminal Procedure, 1973 is preferred by accused, namely, Abdul Faruk, who has been languishing in jail hazot since

26.08.2023, in connection with North Lakhimpur P.S. Case No.311/2023, 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 Pranjal Bhuyan, Service Manager of M/s Ave Maria Earthmovers on 24.08.2023. The essence of allegation made in the FIR dated 24.08.2023, is that on 21.08.2023 one JCB was stolen by some miscreants from his JCB machine stock at Doimukh of M/s Ave Maria Earthmovers and tracing the GPS signal, they found the location of the said JCB at Joyhing Outpost, under the jurisdiction of North Lakhimpur.

¶4Mr. Hazarika, learned counsel for the accused, submits that the accused was arrested on 26.08.2023, and since then he has been languishing in jail hazot for last 27 days and that the stolen JCB has already been recovered and given in the custody of the informant and that the role of the accused, as reflected in the forwarding report dated

26.08.2023, is that he has facilitated escaping of the co-accused from the place of occurrence and that the accused is ready to cooperate with the investigating agency and therefore, it is contended to allow this petition.

¶5On the other hand, Mr. P. Borthakur, learned Additional Public Prosecutor has opposed the petition on the ground that the forwarding report reveals complicity of the accused with the offence alleged in the FIR.

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

¶7It is not in dispute that the accused was arrested on 26.08.2023, and since then he has been languishing in jail hazot. It also appears from the forwarding report dated

26.08.2023, that the stolen JCB has already been recovered. Further, it appears from the forwarding report that the present accused has only facilitated escaping of the other co-accused from the place of occurrence. Page No.# 3/3

¶8Having regards to above and also having regards to the nature and gravity of the offence and balancing the period of detention with that of the nature and gravity of the offence, this Court is inclined to allow this petition. It is provided that on furnishing a bail bond of ` 50,000/- with one surety of the like amount to the satisfaction of the learned Chief Judicial Magistrate, North Lakhimpur, the accused be enlarged on bail in connection with North Lakhimpur P.S. Case No.311/2023, under Section 379 IPC.

¶9In terms of above, this bail application stands disposed of. Comparing Assistant Sd/- Robin Phukan JUDGE

Page No.# 1/3 GAHC010214242023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3387/2023 ABDUL FARUK S/O ABDUL KADIR, VILL.- SERAPBHATI SANTIPUR, P.S.- NORTH LAKHIMPUR, DIST.- LAKHIMPUR, ASSAM. VERSUS THE STATE OF ASSAM REP. BY THE P.P., ASSAM. Advocate for the Petitioner : MR. P HAZARIKA Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN