Md. Rejaul Hachan Khan @ S.M. Rizaul Hassan Khan Vs the State of Assam

By this application under Section 438 CrPC, petitioner, namely, Md Rejaul Hachan Khan, has sought for pre-arrest bail in the event of his arrest in connection with Hatigaon PS Case No. 904/2019, under Sections 406/420/506/34 IPC.

¶14

Heard the learned counsel for both the sides.

¶15

Also perused the record and the Case Diary.

¶16

As per the record and the materials in the Case Diary, the petitioner took the vehicle-Hydraulic Excavator (Machine) from the informant by executing an agreement on 13.05.2019 that he will pay an amount of Rs. 2 lacs per month as rent for use of the said vehicle and as per the agreement, monthly

¶17

Page No.# 2/2

¶18

rent shall be paid within the first week of every month and the vehicle shall not be given to the third party. Now, it is contended that neither the accused petitioner paid the monthly rent nor the vehicle was returned to him and it has been known that he has sold the vehicle somewhere at Dimapur, Nagaland, without the consent of the informant.

¶19

The accused petitioner has admitted about the agreement, but failed to show about any payment made or the whereabouts of the vehicle. Prima facie, the allegation of misappropriation is made out. Resultantly, bail prayer of the petitioner stands rejected.

¶20

Anticipatory Bail Application stands dismissed.

¶21

Return the Case Diary.

¶22

JUDGE

¶23

Comparing Assistant

Md. Rejaul Hachan Khan @ S.M. Rizaul Hassan Khan v. the State of Assam

Case brief

What is this about?

What did the court decide?

Md. Rejaul Hachan Khan @ S.M. Rizaul Hassan Khan v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Bedanta Borah Vs the State of Assam and Anr.

Somer Ali Vs the State of Assam

Kumud Kalita Vs the State of Assam

Ahad Hussain Vs the State of Assam

Selima Begum Vs the State of Assam and Anr.

Partha Pratim Das @ Sunti @ Hunti Das Vs the State of Assam