The Gauhati High Court granted pre-arrest bail to the petitioner in a theft case. The court observed that while the seized vehicle was registered in the petitioner's name, a co-accused admitted purchasing it, thereby removing prima facie involvement of the petitioner in the offence.
Granted pre-arrest bail on furnishing a bond of Rs. 15,000 with suitable sureties.
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GAHC010012572022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/212/2022
AJAM ALI S/O APTAR ALI R/O VILL- BHAGAMUR P.O. KAWAIMARI P.S. SAMAGURI DIST. NAGAON ASSAM
VERSUS THE STATE OF ASSAM REP. BY THE PP ASSAM
-----------Advocate for : MR G PHUKAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM
BEFORE
HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 02-02-2022
The court proceedings have been conducted through Video-Conference due to COVID-19 pandemic.
Heard Mr. G Phukan, learned counsel appearing for the petitioner. Also
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heard Mr. Bidyut Sarma, learned Additional Public Prosecutor, appearing for the State of Assam.
This is an application, filed under Section 438 of the Cr.PC. seeking prearrest bail of the petitioner, namely, Ajam Ali, in connection with Changsari PS Case No. 04/2022 registered under Sections 379/411 of the IPC read with Section 13(1) of the Assam Cattle (P) Act, 2021.
Perused the case diary produced before this Court.
On perusal of the materials in the case diary, it appears that the vehicle which was seized in connection in this case carrying the cattle is registered in the name of the present petitioner, meaning thereby that he is the owner thereof. However, co-accused Atabur Rahman has admitted in his statement that he had purchased the vehicle from this petitioner and as such, it was in his possession at the relevant time of the occurrence.
That being so, prima facie, it does not appear to this Court that the petitioner is involved with the offence alleged in this case and therefore, he deserves to be granted pre-arrest bail which accordingly is granted.
The petitioners shall appear before the Investigating Police Officer within 7 (seven) days from today so as to enable the Investigating Police Officer to record his statement, and, in the event of his arrest, he shall be released on furnishing a bail bond of Rs. 15,000/- with a suitable surety of the like amount to the satisfaction of the arresting authority, on the conditions:-
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tamper with the evidence of the case, and
The petition stands disposed of accordingly.
Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner deserves pre-arrest bail in the theft case where the seized vehicle was found to be owned by the petitioner but possessed by a co-accused.
2 provisions across 2 enactments
Ajam Ali
State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
