Gauhati High Court
Faizul Haque vs The State Of Assam on 30 January, 2023
Page No.# 1/2
GAHC010268042022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/3814/2022
FAIZUL HAQUE
S/O GIAS HAQUE R/O VILL. HATIPARA P.O. CHAYGAON P.S. CHAYGAON
DIST. KAMRUP (R) ASSAM-781141
VERSUS
THE STATE OF ASSAM
REP BY THE PP, ASSAM
Advocate for the Petitioner : MR D R GOGOI
Advocate for the Respondent : PP, ASSAM
BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND 30.01.2023 Heard Mr. V.A. Choudhury, learned counsel appearing on behalf of Mr. D.R. Gogoi, learned counsel for the petitioner as well as Mr. B. Sharma, learned Addl. P.P. appearing for the State respondent.
The petitioner, namely, Md. Faizul Haque has filed this application under Section 438 Cr.P.C with prayer for pre-arrest bail as he is apprehending arrest in connection with FIR no.
Page No.# 2/2 151, registered before the Guwahati GRPS, Guwahati, Kamrup (M), Assam, under Sections 120(B), 379/420/406/386/34 IPC.
The FIR reveals that on 30.10.2022 at about 2.00 P.M., the petitioner was paid of Rs. 5,000/- by the informant for carrying goods in his truck bearing registration no. R/C No. AS- 25-BC 9008 from Guwahati railway station to Beharbari. It is alleged that the petitioner along with another person did not deliver the goods at the destination but diverted the same and the truck was finally found in the premises of the petitioner. When the petitioner was asked about the goods, he demanded of Rs. 2,00,000/-. It is submitted on behalf of the petitioner that the FIR does not attract Section 386 IPC. The petitioner's livelihood depends on the truck and the truck was seized in connection with this case. It is submitted that the petitioner will co-operate with the trial and he will furnish the documents relating to the truck. He did not transport the goods but his driver transported the goods as alleged in the petition.
The learned Addl. P.P. appearing for the State has raised objections stating that there are cogent materials available in the case diary against the petitioner. The witnesses have seen that the petitioner loading his truck with supari. The allegation of exercising threat is also present in the statement of the informant recorded under Section 161 Cr.P.C.
I have perused the case diary. It appears that there are cogent materials in the case diary against the petitioner.
I have considered the role of the petitioner and his conduct, it appears that the investigation may be adversely affected if the petitioner is insulated by an order of bail under Section 438 Cr.P.C. At this stage, I am not inclined to grant the privilege of anticipatory bail to the petitioner.
Send back the case diary.
JUDGE Comparing Assistant