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Judgment
Heard Mr. D. Das, learned counsel for the petitioner. Also heard Mr. N.K. Kalita, learned APP appearing for the State.
By this application under Section 438 Cr.P.C., the petitioner, namely, Chan Momammad Ali, is seeking pre-arrest bail in connection with Azara PS
Case No. 748/2020 under Sections 407 IPC.
The learned APP has produced the case diary and has opposes the prayer for bail on the ground that four person have already been arrested in
connection with theft of 900 cartoons of mustard oil each containing 24x500 ml. pouch and that the four co-accused have all implicated the petitioner
as a partner in crime. The learned APP has submitted that as per the investigation of the police, the petitioner is having alias of Babu Ali.
It may be mentioned that the learned counsel for the petitioner has submitted that other co-accused have been granted bail and it has been submitted
that even assuming that the allegation against the petitioner is true, still the offence under Section 407 IPC has not made out as he was not the carrier.
It appears that the investigation is in the nascent stage and only the truck has been recovered without recovering of the any goods loaded thereon.
Hence, in the interest of investigation, the Court is not inclined to grant pre-arrest bail to the petitioner named above and accordingly, the case of
petitioner cannot be considered in parity with others in view of the discussion above.
Accordingly, this bail application stands rejected at this stage.
In this Covid-19 situation, the Court is inclined to observe that it would be open to the petitioner to apply for bail in any appropriate or competent court
notwithstanding the decision of this application by the Court.
Case diary is returned.