Sofikul Islam v. The State of Assam

ORDER 28-11-2024 Heard Mr. U J Saikia, learned counsel for the petitioner and Ms. S H Bora, learned Additional Public Prosecutor, Assam for the State.

¶2The petitioner, namely, Sofikul Islam, son of Md. Kachim Uddin, resident of Village-Hablakha, Police Station-Hajo, District-Kamrup has filed this application under Section 483 BNSS, 2023, praying for his release on bail in Azara Police Station Case No. 203/2024 registered under Sections 303(2)/316(3) BNS, corresponding to G.R. No. 5900/2024, in which Page No.# 2/3 he was arrested on 21.10.2024 and is in custody since then.

¶3As per the FIR dated 02.10.2024 lodged by the complainant, the case is that he took certain goods to be carried to Agartala through Road Share Network Private Limited on

27.09.2024 that were being carried by a truck bearing Registration No. AS-28-AC-1469. However, the said truck with the goods did not reach Agartala. Later, when he enquired on

30.09.2024 as to whether the goods reached Agartala or not from the Agartala office of the Road Share Network Private Ltd., he came to know that the goods sent on 27.09.2024 did not reach Agartala.

¶4Accordingly, said FIR dated 02.10.2024 was registered as Azara Police Station Case No. 203/2024 under Sections 303(2)/316(3) BNS, corresponding to G.R. No. 5900/2024.

¶5Police after enquiring into the matter, on 21.10.2024 arrested the present petitioner along with three others and since then he is in custody.

¶6Perused the case diary placed before the Court today by Ms. S H Bora, learned APP, Assam.

¶7Case diary reveals that two of the main accused of the case, namely, Azmal Ali, son of Joynal Ali of village-Hablakha and Md. Safiqul Islam, son of Md. Sukhchand Ali who is also from village-Hablakha, both under police station-Hajo are the mastermind behind the case, who sold those stolen goods of the truck bearing Registration No. AS-28-AC-1469 to some of the other people known to them, who are evading arrest.

¶8Considering the above and the period of his detention since 21.10.2024 in said Azara Police Station Case No. 203/2024, this Court is of the view that further custodial detention of the petitioner is not warranted to investigate the said Azara Police Station Case No. 203/2024. As such, this bail application is accepted.

¶9Accordingly, the petitioner, namely, Sofikul Islam, son of Md. Kachim Uddin, be released on bail in said Azara Police Station Case No. 203/2024, on furnishing bail bond of Rs. 50,000/- with two local sureties each of the like amount, one of which shall be a Government employee, either State or Central Government, to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (Metro) on conditions that the petitioner — Page No.# 3/3

(i) shall appear before the concerned Investigating Officer of said Azara P.S. Case No. 203/2024, as and when he is required for necessary investigation of the said case;

(ii) Shall surrender his passport, if any, before the learned Chief Judicial Magistrate, Kamrup (Metro) on or before 08.12.2024.

(iii) shall not leave the territorial jurisdiction of Azara Police Station without obtaining prior written permission from the concerned I.O. of the case;

(iv) shall not hamper or tamper with the evidence of the case;

(v) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court and

(vi) shall not involve himself in any criminal activities.

¶10Any violation of the aforesaid terms and conditions by the petitioner, namely, Sofikul Islam, the bail granted to him in said Azara P.S. Case No. 203/2024 shall stand automatically vacated.

¶11With the above observations and directions, this bail application accordingly stands disposed of.

¶12Return the case diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010238352024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3446/2024 SOFIKUL ISLAM S/O MD. KACHIM UDDIN RESIDENT OF HABLAKHA, PO AND PS HAJO, DIST KAMRUP ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : MR. U J SAIKIA, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK