Allowed pre-arrest bail to the petitioner who was suspected of theft involving beetle nuts seized on suspicion. Ordered bail of Rs. 25,000 with one surety upon arrest.
Pre-arrest bail allowed with Rs. 25,000 and one surety of like amount to be furnished upon arrest.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/2
GAHC010005212023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/98/2023
EKRAMUL ISLAM
S/O- ABDUL BARIK, VILL- LAOGAON, P.S- NAGAON SADAR, DISTNAGAON, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. A M BARBHUIYA
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 07.02.2023
Heard Mr. A. M. Barbhuiya, learned counsel representing the petitioner as well as Ms. N. Das, learned Additional Public Prosecutor, Assam.
By this application filed under Section 438 CrPC the petitioner, namely, Ekramul Islam has prayed for pre-arrest bail in connection with Panchgram P. S. Case no. 61/2022 under Sections 120(B)/379/411/420/34 of the IPC.
Page No.# 2/2
On the day of occurrence, the police stopped the two trucks. Later on it was found that the trucks carried bags of beetle nuts. Police suspected that the beetle nuts were of foreign origin and also suspected that the beetle nuts were stolen property.
The petitioner claim to be the owner of the beetle nuts.
It appears from the FIR that the beetle nuts were seized by the police only on the basis of suspicion and there is no other averments to support the claim of the police.
Considering the aforesaid facts, the petitioner does not deserve to be detained in the custody and his prayer for pre-arrest bail is allowed.
It is hereby directed that in the event of arrest in connection with Panchgram P. S. Case no. 61/2022, the petitioner, namely, Ekramul Islam shall be released on bail of Rs. 25,000/- with one surety of like amount to the satisfaction of the arresting authority.
The petitioner shall co-operate with the Investigating Authority as and when called for.
With the aforesaid directions, the anticipatory bail application is disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner deserves pre-arrest bail in connection with Panchgram P. S. Case no. 61/2022.
1 provisions across 1 enactments
Ekramul Islam
The State of Assam
Parthivjyoti Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
