Case Law Details
Faruk Alom @ Faruk Alam Vs State of Assam (Gauhati High Court)
Heard Mr. HRA Choudhury, learned senior counsel appearing for the accused-petitioner as well as Mrs. SH Borah, learned Additional Public Prosecutor, appearing for the State of Assam.
This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the accused-petitioner, namely, Sri Faruk Alom @ Faruk Alam, in connection with Manikpur PS Case No. 438/2020 registered under Sections 420/468/471/34 of the IPC.
Perused the petition as well as the annexures furnished therewith, including the copy of the FIR.
The learned senior counsel for the petitioner has submitted that the E-way Bills allegedly transmitted by the petitioner in connection with the coal involved in this case are genuine and not fake. The petitioner has also produced a copy of the E-way Bill, as Annexure at page 16 which is a GSTR-1 format. He has also furnished, at page 21 to 29, the formant of GSTR-3B.
The learned senior counsel for the petitioner has also submitted that out of the 5 (five) trucks involved in this case, the petitioner is concerned with only 1 (one) truck carrying coal. In para 5 of the petition also, the petitioner has taken the plea that he has been looking after the coal depot of M/S P.M. Enterprise and the actual proprietor of this coal depot is one Mostafijur Rahman. He has submitted that the petitioner had sent only one single E-way Bill to the transport company from his mobile phone.
As indicated above, he has claimed the E-way to be genuine. Since it has been submitted that E-way bill, mentioned above, is genuine, it is the Investigating Police Officer who will carry out the investigation to ascertain the genuineness or otherwise of the same.
Taking such view of the matter, the petitioner is granted interim protection till a final decision is taken, on perusal of the materials in the case diary, till the date fixed, i.e., 03.02.2021.
The accused-petitioner will appear before the Investigating Police Officer within a period of 7 (seven) days from today, and, in the event of his arrest, he shall be released on furnishing a bail bond of Rs. 20,000/- with one suitable surety of the like amount to the satisfaction of the arresting authority, on the following conditions:-
1. The petitioner shall not leave the territorial jurisdiction of the aforesaid police station, without prior written permission from its officer-in-charge,
2. The petitioner shall not hamper with the investigation, or tamper with the evidence of the case,
3. The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer and
4. The petitioner shall appear before the Investigating Police Officer along with the documents he has furnished today before this Court, so as to enable the Investigating Police Officer to verify the genuineness of the same.
Call for the case diary. List the matter on 3rd February, 2021.
A copy of this order be furnished to Mrs. S H Borah, learned Additional Public Prosecutor during the course of the day.
