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2025 DAILYLAW 6155 (GAU)

CHAN MAMMUD v. THE STATE OF ASSAM

Bail Appln./216/2025 · 2025-02-13

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/4 GAHC010012372025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./216/2025 CHAN MAMMUD R/O- JORSHIMULI GOSPUTA, P/S- CHHAYGAON, DISTRICT- KAMRUP, ASSAM PH. NO. 6000781892 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. N DUBEY, MS M AHMED,MS. M DAIMARY Advocate for the Respondent : PP, ASSAM, Linked Case : AB/94/2025 MD RAIZUDDIN SHEIKH S/O MD. GARIFULLAH HAJI VILL- AND P.O. SHIMLABARI P.S. LAKHIPUR DIST. GOALPARA ASSAM PIN-783330 VERSUS Page No.# 2/4 THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR. M U MONDAL Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Linked Case : Bail Appln./254/2025 AIJAL HOQUE @ MD AIJUL HOQUE S/O-MD SALAM ALI R/O-CHATHABARI P. S. -HAJO DISTRICT-KAMRUP(R) ASSAM VERSUS THE STATE OF ASSAM REP BY THE LEARNED PP ASSAM ------------ Advocate for : MR. S M MOLLAH Advocate for : PP ASSAM appearing for THE STATE OF ASSAM :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 14.02.2025 These three applications are taken up together because they have arisen out of the same FIR. Page No.# 3/4 2. Heard Mr. HRA Choudhury, the learned senior counsel assisted by Mr. M.U. Mondal; Mr. S.M. Mollah & Mr. N. Dubey, the learned counsel appearing for their respective petitioners. Also heard Mr. K. Baishya, the learned Addl. Public Prosecutor, Assam. 3. These are the applications under Section 483 & 482 of the BNSS, 2023 praying for regular bail as well as pre-arrest bail in respect of Jagiroad P.S. Case No.249/2024. 4. In an FIR dated 28.12.2024, it is alleged that a truck bearing Registration No.AS- 01RC-2819 was carrying 32900 kilograms of betel nuts. The vehicle was proceeding from Hojai to Guwahati. On 26.12.2024 at about 10.30 P.M., while the said truck was within the jurisdiction of Jagiroad Police Station, some miscreants with two vehicles forcibly hijacked the truck. The miscreants took the driver of the truck to Changsari and drove him there near a jungle. The driver informed the Changsari Police Station and the owner of the goods of the truck. The informant has stated in the FIR that subsequently, said truck was found without the consignment at Amingaon. 5. During investigation, police arrested Amir Ali, Sobur Uddin & Chan Mammud. The arrested persons told police that another person named Md. Jeherul Hoque was also involved in the said robbery. Police recovered 25 bags of betel nuts, weighing 2,000 kilograms, which was found loaded in another vehicle bearing Registration No.AS- 01MC-1775 (TATA ACE Mega). This vehicle was seized from the possession of Chan Mammud. 6. According to police, on being shown by Sobur Uddin, the said vehicle along with betel nuts were seized. 7. The petitioner Md. Raizuddin Sheikh states that he is a businessman with all proper documents and is involved in his business of selling and buying betel nuts. Police visited his house for several times, but he was found absent from his house. He simply claimed that he was not associated with the aforesaid crime. 8. The petitioner Chan Mammud claims to be a businessman and stated that he Page No.# 4/4 purchased dried betel nuts from Zahir Enterprise for a price of ₹7,33,800/-. He claimed to be an innocent person. 9. The petitioner Aijal Hoque @ Md. Aijul Hoque claimed to be a daily wage earner at Jagiroad and though nothing was recovered from his possession, he was arrested purely on suspicion. 10. Today, I have gone through the Case Diary. 11. The Case Diary reveals that a big gang of criminals are operating on the National Highways at night. They stop trucks loaded with consignments and run away with those goods. According to the Investigating Officer, the miscreants often use costly four wheeler vehicles to carry out the robbery. 12. At this stage, after hearing the learned counsel and after going through the Case Diary, this Court is of the opinion that there are incriminating materials against the present petitioners. Allowing the regular or anticipatory bails, would hamper police investigation. Moreover, no special grounds have been pleaded by the petitioners while moving these bail applications. 13. For the aforesaid reasons, the three bail applications are found to be devoid of merit and stands dismissed and disposed of accordingly. Return the Case Diary. JUDGE Comparing Assistant