Jakir Hussain v. The State of Assam

ORDER Date : 03-10-2024 Heard Mr. M.U. Ahmed, learned counsel for the petitioner namely Jakir Hussain, who has filed this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as he is apprehending arrest Page No.# 2/3 in connection with Palashbari P.S. Case No.253/2024 under Sections 303(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023.

¶2Heard Mr. M.P. Goswami, learned Additional Public Prosecutor, Assam for the respondent State.

¶3I have considered the submissions at the Bar. The allegation against the petitioner is that he committed theft of wheat loaded in the truck bearing registration No.AS-01-DD-8863. While taking the truck to its destination, the petitioner had sold the goods to another person and also accepted consideration for the goods.

¶4Learned counsel for the petitioner has submitted that the petitioner will cooperate with the investigation. He has been serving as driver throughout his life. The petitioner will abide by the bail conditions, if imposed by the Court.

¶5Learned Additional Public Prosecutor has raised serious objection in granting anticipatory bail to the petitioner.

¶6I have scrutinized the case diary. The investigation of the case has progressed to a considerable extent. However, it appears that custodial interrogation may not be required.

¶7Accordingly in the event of his arrest, the petitioner shall be enlarged on bail on furnishing a bail bond of Rs.30,000/-(Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that:-

(i) the petitioner shall appear before the Investigating Officer within one week from today and cooperate with the investigation. Page No.# 3/3

(ii) the petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation,

(iii) the petitioner shall not leave the jurisdiction of the Court without prior permission.

¶8On breach of any of the bail conditions, bail order shall automatically stand cancelled.

¶9The matter stands disposed of.

¶10Send back the case diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010198892024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2553/2024 JAKIR HUSSAIN S/O JAMIR ALI R/O VILL- PACHANIAPARA ISLAMPUR P.S. AZARA DIST. KAMRUP (M), ASSAM PIN-781015 VERSUS THE STATE OF ASSAM REP BY THE PP, GOVT. OF ASSAM Advocate for the Petitioner : MR. M U AHMED, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND