Petitioner sought anticipatory bail under Section 438 Cr.P.C. apprehending arrest in a case related to illegal carriage of dry areca nuts. The court rejected the application as prima facie incriminating material existed, citing a prior order.
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GAHC010112202019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 1514/2019
1:AIJUL HOQUE @ AJIJUL HOQUE
S/O. LT. ABDUL SATTAR, VILL. BHAKATGAON, P.O. SHILLONGONI, P.S. NAGAON SADAR, DIST. NAGAON, ASSAM, PIN-782002.
VERSUS
1:THE STATE OF ASSAM REP. BY PP, ASSAM.
Advocate for the Petitioner : MR. K K BHATTACHARYYA
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 02-12-2019
Heard Mr. N. Mahajan, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam appearing for the State respondent.
By this second petition under Section 438 Cr.P.C., the petitioner namely, Aijul Hoque @ Ajijul Hoque has prayed for granting pre-arrest bail apprehending arrest in connection with Nagaon P.S. Case No. 3624/18 under Sections 420/406/379 of the IPC.
The earlier Anticipatory Bail Applications filed by the petitioner bearing A.B. No. 3645/2018 and A.B. No. 388/2019 were rejected by this Court vide orders dated 25.01.2019 and 15.03.2019 respectively.
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Mr. N. Mahajan, learned counsel for the petitioner, submits that the petitioner is the registered owner of the 12 wheeler truck, seized in connection with the case, on which the dry areca nuts was carried from Mizoram to Siliguri, West Bengal. According to Mr. Mahajan, there is no allegation against the petitioner except that he is the owner of the truck. Mr. Mahajan, therefore, submits that the petitioner was no way involved in the alleged illegal carriage of dry areca nuts.
Mr. B. Sarma, learned Additional Public Prosecutor submits that the case diary reveals prima facie incriminating material against the petitioner.
Perused the previous order, dated 25.01.2019, passed in AB No. 3645/2018.
Perusal of the case diary reveals that the truck involved in the commission of the alleged offence is seized. One co-accused namely, Md. Yunus Ali is already released on bail by the learned C.J.M., Nagaon. The case diary shows prima facie incriminating material against the petitioner.
In view of availability of prima facie incriminating material, the Anticipatory Bail Application stands rejected.
Return the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether anticipatory bail should be granted to petitioner apprehending arrest in Nagaon P.S. Case No. 3624/18.
Whether prima facie incriminating material exists against petitioner in connection with illegal carriage of dry areca nuts.
Aijul Hoque @ Ajijul Hoque
The State of Assam Rep. by PP, Assam
Ajit Borthakur
As recorded by the court registry
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