Ajijul Hoque @ Aijul Ali And 2 Ors vs State Of Asssam

The Court proceedings have been conducted through remote video conferencing mode due to the prevailing situation in the State due to Covid-19

pandemic.

Heard Mr. S.I. Bora, learned counsel for the petitioners and Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent State of

Assam.

By this application under Section 438, Code of Criminal Procedure, 1973 (CrPC), the petitioners viz. 1) Ajijul Hoque @ Aijul Ali, 2) Asman Ali @

Gafur Ali and 3) Sukur Ali have approached this Court seeking the benefit of pre-arrest bail, apprehending their arrest, in connection with Chhaygaon

Police Station Case No. 544/2021 registered for offence punishable under Section 379, Indian Penal Code.

The First Information Report (FIR) was lodged on 02.05.2021. In the FIR, the informant had inter-alia alleged that one Somej Ali had stolen away the

battery from the truck belonging to the informant. When Somej Ali was interrogated on 01.05.2021, Somej Ali confessed that he had committed the

theft of the battery. The informant had further mentioned that Somej Ali also confessed about theft of other articles belonging to other persons and

selling them to a number of persons including to the present three petitioners.

In view of the fact that the FIR mentioned their names, the petitioners have approached this Court by this application seeking the benefit of pre-arrest

bail under Section 438, CrPC on the ground that though they had purchased the battery from the said Somej Ali, they were not aware about the

manner how said Somej Ali procured the said battery. It is submitted that the petitioners are cultivators and as there is no electricity in their village,

they obtained the battery for the purpose of solar light. It is further submitted that pursuant to the interim order dated 31.05.2021, all the petitioners

have appeared before the Investigating Officer of the case.

Mr. Goswami, learned Additional Public Prosecutor has, on the basis of the materials available in the case diary collected during the course of

investigation carried out so far, submitted that pursuant to the interim order dated 31.05.2021, all the petitioners have appeared before the Investigating

Officer of the case and their statements have already been recorded. The materials further reveal that they had purchased the battery from said

Somej Ali and it would be difficult to believe that they had obtained the battery without knowing that it was a stolen article.

I have heard the learned counsel for the parties and considered the materials available in the case diary, on the basis of the submissions made by the

learned Additional Public Prosecutor.

Upon consideration of the nature and gravity of allegations made against the petitioners and the fact that the petitioners have appeared before the

Investigating Officer the case pursuant to the interim order dated 31.05.2021, I am of the considered view that custodial interrogations of the

petitioners for the purpose of carrying out further investigation of the case appear not necessary and if the petitioners are extended the benefit of pre-

arrest bail at this stage of investigation, further investigation of the case is not likely to be prejudicially affected, provided they continue to extend their

assistance and cooperation in the further investigation of the case.

Accordingly, the interim order dated 31.05.2021 is made absolute subject to the conditions already indicated in the order dated 31.05.2021.