Abdul Aziz v. The State of Assam

ORDER Date : 25.10.2024

Heard Mr. S. Islam, learned counsel appearing for the petitioner and Mr. R.J. Baruah, learned Additional Public Prosecutor appearing for the state of Assam.

¶2This is an application under Section 483 of the BNSS, 2023 praying for releasing the petitioner, Abdul Aziz on bail, after he was arrested in connection with Hatigaon P.S. Case No.184/2024 under Sections 406/420 of the Indian Penal Code.

¶3The informant Yusuf Ali had purchased a truck being financed by a finance company. Page No.# 2/2 During subsistence of the agreement with the finance company, Yusuf Ali could not pay the installment. Therefore, he sold the vehicle to Anowar Hussain, who agreed to pay the instalment. Therefore, Anowar Hussain sold the vehicle to another person. In this way, the vehicle came to the possession of the petitioner as scrap. He purchased the said vehicle as scrapped and sold it to the dealer at a price of Rs. 1,45,000/-.

¶4In the meantime, the finance company was putting pressure to Yusuf Ali. Therefore, Yusuf Ali lodged the FIR alleging the aforesaid facts.

¶5Mr. Baruah has submitted that the vehicle is yet to be recovered by police.

¶6Mr. Islam submits that the present petitioner being the last purchaser of the vehicle has nothing to do with the aforesaid fact as alleged by Yusuf Ali.

¶7After hearing the learned counsels of both sides, this Court has decided to agree with the petitioner.

¶8The petitioner has already spent 42 days in custody.

¶9This Court is of the opinion that the petitioner no longer deserve to be detained in custody. Therefore, his bail application is allowed.

¶10It is hereby directed that the petitioner, Abdul Aziz, who was arrested in connection with Hatigaon P.S. Case No.184/2024 shall be released on bail of Rs. 20,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati.

¶11This bail application stands disposed of accordingly. The CD shall be returned.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010218792024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3196/2024 ABDUL AZIZ S/O- ABDUL BAREK, R/O- VILL- KALYANPUR, P.S. BAGUAN, DIST. GOALPARA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM Advocate for the Petitioner : MR. S ISLAM, MR A HAWARI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA