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2020 DIGILAW 158 (GAU)

Joinal Ali v. State Of Assam

2020-02-07

PARTHIVJYOTI SAIKIA

body2020
JUDGMENT 1. Heard the learned counsel, Mr. J. U. Ahmed, appearing for the petitioner. Also heard Mr. T. K. Mishra, learned Additional Public Prosecutor, Assam, appearing for the State respondent. 2. By this application under Section 438 of the Cr.P.C., the accused petitioner, namely, Joinal Ali, has prayed for grant of pre-arrest bail in connection with Chhayagaon P. S. Case No. 977/2019, registered under Sections 379/411/109 of the Indian Penal Code read with Section 41 of the A.F. R. Act. 3. According to the F.I.R., on 15.10.2019, the police raided some houses in the village Maj-Gumi and during that process, they found one manual saw mill and some other materials along with 9 (nine) numbers of timber logs were also recovered from the house of Ananta Kalita. They found that those articles were kept there by persons called Lal Mia Bhuyan, Yunus Bhuyan @ Iunuch Bhuyan and the present petitioner. In the F.I.R., it is alleged that these people are in the business of stealing aforesaid resources of the State. 4. The learned counsel for the petitioner has submitted that since nothing was recovered from the possession of the petitioner, he does not deserve to be detained in custody. 5. Per contra, the learned Additional Public Prosecutor, Assam, for the State, has submitted that these peoples are regularly blundering forest resources of the State. 6. It appears that a thorough investigation is necessary in the instant case and the prayer of the petitioner under Section 438 of the Cr.P.C. would hamper police investigation. 7. Therefore, the pre-arrest bail prayer of the petitioner, namely, Yunus Bhuyan @ Iunuch Bhuyan, is rejected at this stage. 8. The anticipatory bail application is, accordingly, disposed of.