Allowed

Sahid Ahmed v. the State of Assam

Gauhati HC16 Aug 2022AB/1589/2022

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a bail application under Section 438 CrPC filed by Sahid Ahmed in an IPC 379/420 case. The Court made an interim order granted previously on 10.06.2022 absolute based on the insufficiency of material to hold the applicant as a witness.

What did the court decide?

The interim order dated 10.06.2022 granting bail was made absolute in the same terms and conditions.

Sahid Ahmed Vs the State of Assam — Bail and Remand | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010113512022

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB/1589/2022

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SAHID AHMED

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R/O- VILL.- RAHALPUR, P.S. BADARPUR, DIST. KARIMGANJ, ASSAM, PIN788701.

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM

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Advocate for the Petitioner : MR. A GANGULY

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN

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ORDER

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Date : 16-08-2022

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Heard Mr. A. Ganguly, learned counsel for the applicant. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State respondent.

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Apprehending arrest in connection with Bazaricherra P.S. Case No.

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Page No.# 2/3

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14/2022, under Sections 379/420 of the Indian Penal Code , this application under Section 438 of the Code of Criminal Procedure, 1973, is preferred by accused/applicant, namely, Sahid Ahmed , for grant of pre-arrest bail.

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Be it noted here that the aforesaid Bazaricherra P.S. Case No. 14/2022, under Sections 379/420 of the Indian Penal Code, has been registered on the basis of one F.I.R., lodged by one Bipul Rudrapaul on 03.01.2022, to the effect that on that day, at about 11.50 p.m., one truck, bearing Registration No. JH 10CE 5815, which was coming from Tripura side towards, was stopped at the Naka Checking point and on search, found carrying 312 numbers of bags of Betel Nut weighing 24,077 kgs, which were suspected to be Burmese betel Nut and on asking the driver of the truck, namely, Nasarul SK, he could not produce any document.

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Mr. A. Ganguly, learned counsel for the applicant, submits that applicant appeared before the I.O. and his statement is recorded and that he has been co-operating with the Investigating Agency and therefore, it is contended to allow the petition.

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On the other hand, Mr. K. K. Parasar, learned Additional Public Prosecutor, producing the Case Diary before this Court, submits that as per opinion of the I.O., the applicant ought to have been made as a witness here in this case and there is inadequacy of material to drag the applicant with the allegation leveled in the F.I.R.

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Page No.# 3/3

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Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the Case Diary with the assistance of learned Additional Public Prosecutor.

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In view of the materials collected so far in the Case Diary and also in view of the nature of accusation and the punishment prescribed for the same as well as the submissions so advanced at the Bar, this Court is inclined to make the interim order, dated 10.06.2022, absolute in the same terms and conditions.

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In terms of above, this petition stands disposed of.

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Case Diary be sent back.

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JUDGE

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Comparing Assistant

Sahid Ahmed v. the State of Assam

Case brief

What is this about?

What did the court decide?

Sahid Ahmed v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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