Gauhati High Court
Jakir Hussain Talukdar @ Md. Jakir ... vs The State Of Assam on 25 January, 2022
Author: Ajit Borthakur
Bench: Ajit Borthakur
Page No.# 1/3
GAHC010220752021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/4317/2021
JAKIR HUSSAIN TALUKDAR @ MD. JAKIR HUSSAIN LASKAR
S/O- MAKADDAS ALI TALUKDAR, R/O- WARD NO. 9, SILCHAR TOWN, P.O.
AND P.S. SILCHAR, DIST. CACHAR, ASSAM
VERSUS
THE STATE OF ASSAM
REP. BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR H R A CHOUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
25.01.2022 Heard Mr. H.R.A. Choudhury, learned Sr. Counsel appearing for the petitioner. Also Heard Mr. P. Borthakur, learned Addl. Public Prosecutor, Gauhati High court.
This petition under Section 438 Cr.P.C., is filed for granting the privilege of pre-arrest bail to the petitioner, namely, Jakir Hussain Talukdar @ Md. Jakir Hussain Laskar, apprehending his arrest in connection with Guwahati G.R.P.S. Case No. 93/2021 registered u/s 120B/420/471/413/34 of the IPC.
Page No.# 2/3 The Case diary is placed before the Court in connection with AB No. 4312/2022.
Mr. H.R.A.Choudhury, learned Sr. counsel appearing for the petitioner submits that the petitioner is a small businessman, who used to collect local areca nuts from the local markets and used to sell those in bulk quantities legally only, but the police is randomly picking up such small businessmen accusing them of involvement in illegal export and import of areca nuts.
Opposing the pre-arrest bail application, Mr. P. Borthakur, learned Additional Public Prosecutor, Gauhati High Court submits that the case diary reveals prima facie incriminating material against the petitioner.
The FIR reveals that on 11.09.2021 at about 10.21 pm, on the basis of secret information regarding transportation of huge quantity of suspected foreign origin betel nut/areca nuts booked by some unknown person from Agartala with false and manipulated records showing as Indian for serving their ill motive by cheating the authority and the same was loaded in the train No.03174 DN Agartola-Sealdah Kanchanjangha Spl train. On search, 535 nos of gunny bags containing betel nuts/areca nuts suspected to be of foreign origin were found. No records of the booked areca nuts were found during search and no claimant appeared.
On scrutiny of the case diary, it is revealed that there is scanty prima facie incriminating material against the petitioner. The investigation has substantially progressed. Therefore, this Court is of the opinion that if the privilege of pre-arrest bail is granted to the petitioner, the ongoing investigation is unlikely to be hampered.
Page No.# 3/3 Accordingly, it is provided that in the event of arrest, the petitioner, named above, shall be released on pre-arrest bail, in connection with the above noted case on furnishing bail bond of Rs. 40,000/- with one local surety of like amount to the satisfaction of the arresting authority, subject, of course, to the following conditions:
(i) That the petitioner shall appear before the Investigating Officer within 10 days;
(ii) That the petitioner 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.
(iii) That the accused petitioner shall refrain from committing any similar offences in future of which he is accused or suspected of commission.
Return the case diary.
This disposes off the anticipatory bail application.
JUDGE Comparing Assistant