Gauhati High Court
Abdul Basit vs The State Of Assam on 22 February, 2024
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GAHC010033162024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/420/2024
ABDUL BASIT
S/O RAHIM ALI
R/O - KHANDARKARPARA, P.O - BHELLA, DIST - BARPETA ,ASSAM
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. R MAZUMDAR
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 22.02.2024 Heard Mr. H. Bezbarua, learned counsel for the applicant. Also heard Mr. R.J. Baruah, learned Addl. Public Prosecutor for the State respondent.
2. Apprehending arrest in connection with Howly P.S. Case No. 8/2024, under Sections 380/411/34 of the IPC, this application under Section 438 Cr.P.C. has been preferred by the applicant, namely, Abdul Basit, for grant of pre-arrest bail.
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3. It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by one Sadek Ahmed on 03.02.2024. The essence of allegation made in the FIR dated 03.02.2024, is that on that day, at about 3:30 a.m., when an employee of Airtel Company, namely, Arun Deka, informed him that two numbers of RRU machine have been stolen from Indus Tower of Dalgaon under Howly P.S., he came to the place of occurrence and found one vehicle, bearing Registration No. AS01JC8516, being parked near the place of occurrence and also found one person, namely, Manik Ali, and on being searched, he found one RRU machine in the said vehicle and when asked, Manik Ali stated that the said RRU machine was stolen from Indus Tower, along with Babul Ali, Firoj Ali and Dangar.
4. Mr. Bezbarua, learned counsel for the applicant submits that the applicant is the brother-in-law of one of the accused, namely, Firoj Ali, and that the stolen articles have already been recovered, and that the present applicant is innocent and no way involved in the offence alleged in the FIR and he is ready to cooperate with the investigating agency, and therefore, it is contended to allow the application.
5. On the other hand, Mr. R.J. Baruah, the learned Addl. Public Prosecutor submits that at this stage, the case diary may be called for.
6. Having heard the submission of learned Advocates of both sides, I have carefully gone through the application and the documents placed on record and perusal of the case diary is found to be necessary and accordingly, it is provided that the case diary be produced before this Court on 20.03.2024.
7. Considering the submission of learned Advocates for both the parties and also considering the facts and circumstances on the record, this Court is inclined to extend interim protection to the applicant till receipt of the case diary.
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8. Accordingly, it is provided that in the event of arrest of the applicant in connection with Howly P.S. Case No. 8/2024, under Sections 380/411/34 of the IPC, he shall be released on interim pre-arrest bail on executing a bond of Rs. 50,000/- with one surety of like amount to the satisfaction of the arresting authority. The above privilege is, however, subject to the following conditions:
(i) The applicant shall make himself available for interrogation by the Investigating Officer as and when required;
(ii) The applicant 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; and
(iii) The applicant shall not leave the jurisdiction of the learned C.J.M., Barpeta without prior permission.
9. List the matter on 20.03.2024.
JUDGE Comparing Assistant