Abul Sheikh and 2 Ors v. The State of Assam

ORDER Date : 16.11.2023

Heard Mr. M. Khan, learned counsel for the petitioners. Also heard Mr. M.P. Goswami, learned Additional Public Prosecutor for the State.

¶2This bail application filed under Section 438 Cr.P.C., praying for pre-arrest bail by the petitioners, namely, Abdul Sheikh, Ejahan Sheikh and Ajijul Sheikh, who are apprehending arrest in connection with Bongaigaon P.S. Case No. 442/2023, registered under Section 420 IPC.

¶3As per FIR, on receipt of the information that some persons are running a business of fake gold in Durgamari area under Bongaigaon P.S., then the police personnel searched the house of Abul Sheikh and recovered 24 nos. of suspected to be fake gold biscuits and cash amount. It is also alleged that other two petitioners are also involved in the said business.

¶4The learned counsel for the petitioners has submitted that the father of petitioner No. 3 was arrested in connection with G.R. Case No. 369/2015 by the I/C of Bidyapur out post and was beaten severely. Thereafter, the father of the petitioner No. 3 filed a C.R. case No. 67/2023 against the I/C, Bidyapur out post before the CJM, Bongaigaon for which the instant FIR has been lodged. It is also submitted that nothing was recovered from the possession of the petitioners and they are no way involved with the alleged offence. Under such background and the nature of offence as alleged in the FIR, benefit of pre-arrest bail may be extended to the petitioners. Page No.# 3/4

¶4On the other hand, Mr. Goswami, learned Additional Public Prosecutor for the State has opposed in granting the privilege of pre-arrest bail to the petitioner. It is also submitted that the fake gold was recovered from the possession of the petitioners. At this stage, the prayer of the petitioners may not be considered.

¶5I have considered the submissions made by the learned counsel for the parties and I have also perused the case diary along with the documents available thereon.

¶6It is alleged that the petitioners are running business of fake gold since long and some fake gold was recovered from the possession of the petitioners. But it is interesting to note that the I/O did not take any initiative to send such gold items to FSL as to whether those seized items are fake or not.

¶7Considering the background of the case, this Court finds that custodial interrogation of the petitioners is not required for the purpose of investigation of the case. Therefore, they are granted the privilege of pre-arrest bail.

¶8Accordingly, it is provided that in the event of arrest of the petitioners, named above, in connection with Bongaigaon P.S. Case No. 442/2023, registered under Section 420 IPC , they shall be released on furnishing bail bond of Rs.20,000/- each with a suitable surety each of the like amount, to the satisfaction of the arresting authority.

¶9The direction for pre-arrest bail is subject to the conditions that the petitioners:

(a) shall appear before the Investigating Police Officer within ten Page No.# 4/4 days from today and shall co-operate with the investigation;

(b) 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 him from disclosing such facts to the Court or to any police officer.

¶10The anticipatory bail application stands disposed of accordingly.

¶11Return the case diary. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010247912023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/3708/2023o ABULoSHEIKHoANDo2oORSo S/OoLATEoSABEDoALI,oR/OoVILL-DURGAMARIoPT-II,oP.S.-BONGAIGAON,o DIST-BONGAIGAON,oASSAM 2:oEJAHANoSHEIKH oS/OoLATEoSABEDoALI oR/OoVILL-DURGAMARIoPT-II oP.S.-BONGAIGAON oDIST-BONGAIGAON oASSAM 3:oAJIJULoSHEIKH oS/OoABDULoHAMIDoSHEIKH oR/OoVILL-DURGAMARIoPT-II oP.S.-BONGAIGAON oDIST-BONGAIGAON oASSAo VERSUSo THEoSTATEoOFoASSAMo REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oMoKHANo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI