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GAHC010161052024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2117/2024
TAYEB ALI AND ANR
S/O JAMAN ALI
R/O VILL- CHOUTAKI PART-I, P.O. SALAKATI, P.S. KOKRAJHAR
DIST. KOKRAJHAR, ASSAM
2: SAHAJAMAL ALI
S/O MAGREB ALI
R/O VILL- CHOUTAKI PART-I
P.O. SALAKATI
P.S. KOKRAJHAR
DIST. KOKRAJHAR
ASSA
VERSUS
THE STATE OF ASSAM
REP BY THE PP, ASSAM
Advocate for the Petitioner : MR. M A MONDAL, MR. A ISLAM
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 31.08.2024
Heard Mr. M.A. Mondal, learned counsel for the petitioner. Also heard Mr. B.
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Sarma, learned Additional Public Prosecutor.
2. This Anticipatory Bail application is preferred by the petitioner Nos. 1 and
2 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
apprehending arrest in connection with an FIR dated 26.06.2024, which was
lodged by the informant one Lt Col Deepak Ranjan Gogoi (Retd.).
3. The said FIR was received and registered as Kokrajhar Police Station Case
No.144/2024 under Section 392 of IPC. In the said FIR, it was alleged that an
amount of Rs.34,51,816/- (Rupees Thirty Four Lakhs Fifty One Thousand Eight
Hundred Sixteen) only in cash which was required to be deposited in the
Tengapara, Kokrajhar Branch of Axis Bank by the Cash Executive of the
Company namely, Sri Prasenjit Aich, along with Gunman Sri Rajib Ray and the
Driver of the Van, Sri Tutan Barman. As the amount was being carried to the
bank for being deposited, they were snatched away by two motor cycle riders.
4. During the course of the investigation, 3 (three) persons were taken into
custody, namely, the Cash Executive of the Company namely, Prasenjit Aich, the
Driver of the Van, Tutan Barman and one Nurul Amin Mandal.
5. The present petitioners apprehend arrest in connection with the alleged
offences however, it is submitted that they are not at all connected with the
offences alleged.
6. The learned counsel for the petitioners submits that the petitioner No.1 is
the owner of the bike, which is alleged to have been involved in the said
offence. And the petitioner No.2 is also apprehending arrest for the reasons
beyond his comprehension.
7. It is submitted on behalf of both the petitioners that they are not
connected with the alleged offences.
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8. Case Diary in the matter was called for and Mr. B. Sarma, learned
Additional Public Prosecutor has placed the Case Diary before the Court. It is
submitted by the learned Additional P.P that subsequently Section 193/120
(B)/395 was added during the course of the investigation.
9. After careful perusal of the Case Diary, it is seen that the matter is still
under investigation and charge-sheet has not been filed. During the
investigation there are certain materials which are present in the Case Diary,
which reflects that the petitioner No.1 not only is the owner of the bike but
there are materials which shows his involvement in the alleged conspiracy to
illegally snatch the amount of Rs.34,51,816/- (Rupees Thirty Four Lakhs Fifty
One Thousand Eight Hundred Sixteen) only belonging to the ‘M/s Radiant Cash
Management Services Ltd’ and which amount was required to be deposited in
the Tengapara, Kokrajhar Branch of Axis Bank. Further materials in the Case
Diary reveal that there are cash shares paid to the petitioner No.1 for being the
owner of the bike involved the alleged offence. There are materials to show that
the petitioner No.2 was one of the riders on the bike who is allegedly involved in
the snatching of the bag containing the said amount.
10. Considering the stage of investigation and the incriminating materials
available in the Case Diary which clearly implicates the petitioners, the prayer
for Anticipatory Bail at this stage stands rejected.
11. This Anticipatory Bail is accordingly stands disposed of.
12. Case Diary be returned.
JUDGE
Comparing Assistant