Single judge order refusing pre-arrest bail to petitioner MD AHMED ALI in a criminal conspiracy to pilfer petrol. Court held materials indicated active participation in conspiracy, negating privilege of bail.
Prayer for pre-arrest bail is refused; case diary returned. 180
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GAHC010006932023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/103/2023
MD AHMED ALI S/O MOHAMAD ALI R/O SALMARA TUP, P.S. GOLAGHAT DIST. GOLAGHAT, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. K BORUAH
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 08.02.2023
Heard Mr. K. Boruah, learned counsel for the petitioner and Mr. R.J. Baruah, learned APP appearing for the State.
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Apprehending arrest in connection with Dergaon P.S. Case No. 169/2022 under sections 120(B)/379/411/34 IPC read with Section 23 of the Petroleum Act, the petitioner has filed this application under section 438 Cr.P.C.
The learned APP has produced the case diary and opposed the prayer for bail.
On perusal of the case records, it appears that the arrested co-accused, who was the drivers of the oil tanker as well as the bolero pickup van of the petitioner have implicated the petitioner of bringing the oil tanker in order to pilferage petrol from the said oil tanker.
Under such circumstances, in view of the nature of materials available against the petitioner, implicating him to be a part of conspiracy of stealing petrol from the oil tanker, the Court is not inclined to extend the privilege of prearrest bail to the petitioner, namely, Md. Ahmed Ali at this stage. Accordingly, the prayer for pre-arrest bail is refused.
Case diary is returned.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether pre-arrest bail should be granted to the petitioner implicated in conspiracy to steal petrol from an oil tanker.
3 provisions across 3 enactments
MD AHMED ALI
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR
KALYAN RAI SURANA
As recorded by the court registry
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