This order rejects anticipatory bail under Section 482 of the BNSS 2023 filed by two accused in a dacoity case. The Court held that the materials in the Case Diary do not warrant a bail grant and directed the petitioners to cooperate with the investigation.
Prayer for anticipatory bail rejected; petitioners directed to cooperate with investigation.
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GAHC010137602024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1776/2024
SAHIDUR SHEIKH AND ANR. S/O KHALIL SHEIKH, VILL.- BASHANI CHAR PART- II, P.S.- DHUBRI, DIST.- DHUBRI, ASSAM.
2: MOHIZUL HOQUE S/O FOYAZ ALI
VILL.- BASHANI CHAR PART- II P.S.- DHUBRI DIST.- DHUBRI ASSAM VERSUS THE STATE OF ASSAM REP. BY P.P., ASSAM.
Advocate for the Petitioner : MR F HAQUE, MR. S K M ALOMGIR,MR A ISLAM
Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Date : 09-08-2024
09.08.2024
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1. Heard Mr. F. Haque, learned counsel for the petitioners. Also heard Mr. B.B. Gogoi, learned Addl. PP, Assam.
2. This application under Section 482 of the BNSS, 2023 has been filed by the petitioners, namely, [1] Sahidur Sheikh and [2] Sri Mohizul Hoque who are apprehending their arrest in connection with Gauripur P.S. Case No. 139/2024 under Sections 419/395/399/412/120(B) of the Indian Penal Code.
3. The gist of accusation in this case is that on 24.05.2024 one Rafique Ali has lodged an FIR that on that day at about 12:50 AM 6 unknown persons carrying arms and wearing police uniforms (one of them in civil dress) came to the residence of the first informant and identified themselves as police and threatened the first informant and thereafter they looted golden ornaments valued about 5 lacs as well as cash of Rs. 10,000/- and some other articles. On the basis of the said FIR the Gauripur P.S. Case No. 139/2024 was registered.
4. Learned counsel for the petitioners has submitted that the petitioners are boat-men and they are not involved in the offence alleged in the FIR. He also submits that the petitioners are ready to co-operate in the investigation.
5. However, learned Addl. PP who has produced a Case Diary of Gauripur P.S. Case No. 139/2024 has submitted that there are materials in the Case Diary indicating that the petitioners assisted the other co-accused persons in conducting dacoity which has been alleged in the FIR.
6. I have considered the submissions made by the learned counsel for both the sides and has perused the Case Diary. Considering the materials available on record against the present petitioners, this Court is of the considered opinion that this is not a fit case for grant of anticipatory bail under Section 482 of the BNSS, 2023 to the present petitioners.
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7. The prayer for anticipatory bail is rejected.
8. The petitioners are directed to co-operate with the investigation.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether anticipatory bail must be granted to the petitioners apprehending arrest in a dacoity FIR.
Whether materials in the Case Diary indicate the petitioners assisted in the alleged offence.
1 provisions across 1 enactments
SAHIDUR SHEIKH AND ANR.
THE STATE OF ASSAM REP. BY P.P., ASSAM
MRIDUL KUMAR KALITA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
