Single-judge order granting absolute anticipatory bail to the applicant for alleged offences under IPC and Essential Commodities Act related to fertilizer hoarding, noting lack of evidence of complicity and cooperation with investigation.
Interim order dated 10.05.2022 made absolute; anticipatory bail application disposed of.
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GAHC010088302022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1241/2022
RAJIB UDDIN LASKAR S/O ILAS ALI LASKAR R/O VILL- HOWAITHANG P.O. LAILAPUR, P.S. DHOLAI DIST. CACHAR, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. A M BORA
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MR. JUSTICE ROBIN PHUKAN
O R D E R
06.12.2022.
Heard Mr. JMA Chaudhury, learned counsel for the applicant and also heard
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Mr. R.J. Baruah, learned Addl. P.P. for the State of Assam.
Apprehending arrest in connection with CID P.S. Case No.02/2022, under section 120(B)/420/468/409/ 477A IPC, read with section 7 of Essential Commodities Act, this application, under Section 438 of Cr.P.C., is preferred by applicant namely- Sri Rajibuddin Laskar for grant of pre-arrest bail.
The said case has been registered on the basis of one FIR lodged by Inspector Amar Ghosh, of CID, Assam, on 17.03.2022. The allegations in the FIR, relates to illegal hoarding of subsidized Urea fertilizers by some unscrupulous elements in connivance with some public servants in the state of Assam.
Mr. JMA Chaudhury, the learned counsel for the applicant submits that pursuant to the order of this court dated 10.05.2022, the applicant has appeared before the court and his statement is recorded and he has been co-operating with the investigating agency. Mr. Chaudhury further submits that the applicant is not the person named in the FIR and he is no way involved in the offence alleged in the FIR and therefore it is contended to make the interim order, dated 10.05.2022, absolute in the same terms and conditions.
On the other hand, Mr. R.J. Baruah, the learned Addl. Public Prosecutor, Assam, has produced the case diary before this court submits that the applicant has been co-operating with the investigating agency and as such, he has no objection in the event of allowing this application.
Having heard the submissions of the learned counsels of both sides, I have
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carefully perused the petition and the documents placed on record and also perused the case diary with the assistance of Mr. Baruah, the learned Addl. Public Prosecutor, Assam.
It appears that the materials, so far collected in the case diary, are inadequate to shows complicity of the applicant with the offence alleged in the FIR. Besides, he has been co-operating with the investigating agency and as such his custodial interrogation appears to be not necessary here in this case and therefore this Court inclined to make the interim order, dated 10.05.2022, absolute in the same terms and conditions.
In terms of above, this anticipatory bail application stands disposed of.
The Case Diary be sent back.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether anticipatory bail under Section 438 Cr.P.C. should be allowed when the applicant is not named in the FIR and is cooperating with the investigation.
3 provisions across 3 enactments
Rajib Uddin Laskar
The State of Assam
Robin Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
