AB/4324/2023 of MOIDUL ISLAM Vs THE STATE OF ASSAM on 22 December 2023

Arguments

ORDER

Heard Mr. I. Hussain, learned counsel for the petitioner Moidul Islam.

The petitioner has filed this application under Section 438 of the Code of Criminal Procedure as he is apprehending arrest in connection with BongaigaonPolice Station Case No. 458/2023 under Sections 379/381/406 of the IndianPenal Code, read with Section 7 of E.C. Act.

Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor for therespondent State of Assam.

I have considered the submission at the bar with circumspection and Ihave also perused the case diary.

The FIR unfolds of on theft of HSD oil from a tanker which carried the oilfrom BRPL to Railway Consumer Depot (RCD)/NBQ. During investigation onsuspicion the tanker was detained in front of RCD complex of NBQ and the RPFofficer and staff attended the spot. A verification report was called for and SriBimal Ch. Boro, Assistant Manager/IOCL/BNGN attended the RCD/NBQ at about10.30 hours. During verification, it was found that as per invoice a total amountof 24 KLs of HSD oil was loaded at IOCL/BNGN on 27.10.2023 in the tanker. Buton physical measurement, it was found that 02 (two) chambers of the tankerwere empty and about 14132 liters of HSD oil was found in the other 03 (three)chambers of the tanker and about 9868 liters HSD oil was found missing.

It is submitted on behalf of the petitioner that the accused person namedin the FIR and the prima accused have already been released on bail. Thepetitioner is in no way connected with this case. It is also submitted that thepetitioner being an affluent person will not stoop to such level.

I have perused the case diary.

The merit of this case is not brought to the fore at this juncture. The casediary however reveals that investigation has progressed to a considerableextent. However, custodial interrogation may not be required. Considering all aspect, this petition is allowed. In the event of arrest, the petitioner shall furnisha bond of Rs.30,000/- (Rupees Thirty Thousand) to the satisfaction of thearresting authority under the following conditions:

(1) That the petitioner shall appear before the Investigating Officerwithin ten days and cooperate with the investigation.within ten days and cooperate with the investigation.

(2) The petitioner shall not tamper with the evidences and exercisethreats to the witnesses. threats to the witnesses.

(3) The petitioner shall not leave the jurisdiction of the Court withoutprior permission till completion of the trial.prior permission till completion of the trial.

This anticipatory bail application stands disposed of in the above terms.

JUDGE

Comparing Assistant