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2020 DIGILAW 414 (GAU)

Maynal Hoque v. State Of Assam

2020-03-20

MANISH CHOUDHURY

body2020
JUDGMENT 1. Heard Mr. B. Chowdhury, learned counsel for the accused-petitioner and Mr. B. B. Gogoi, learned Additional Public Prosecutor for the State of Assam. By this application under Section 438, Code of Criminal Procedure, 1973 (CrPC) the accused-petitioner namely, Maynal Hoque has prayed for pre-arrest bail, apprehending his arrest, in connection with Chhaygaon Police Station Case No. 1113/2019 (corresponding G.R. Case No. 2782(K)/2019), registered under Sections 406/420/506/34, Indian Penal Code. 2. From a perusal of the bail application, it transpires that a lottery was organized under aegis of one Pub Choutala Tarul Milan Yuva Sangha and after the lucky draw of coupons, prizes were announced. One Johirul Islam has lodged a First Information Report (FIR) on 24.11.2019 stating, inter-alia, that he had purchased a number of lucky draw coupons in the said lottery and had emerged winners to receive prizes in respect of 4 (four) such lucky draw coupons. The total amount of prizes was about Rs. 3,30,000/-, but the accused in the said case, Md. Abu Bakkar Siddik had paid him only Rs. 1,30,000/- and an amount of Rs. 2,00,000/- had not been paid by Md. Abu Bakkar Siddik. The said FIR has been registered as Chhaygaon Police Station Case No. 1112/2019. Md. Abu Bakkar Siddik is the informant in Chhaygaon Police Case No. 1113/2019, lodged also on 24.11.2019, wherein, he has, inter- alia, alleged that 4 (four) accused persons named therein, including the present accused- petitioner, had conducted the lottery keeping him in dark and received undue benefits from the same. Thereafter, undue demands were made to the informant who was made president of the lottery committee, to give away the prizes by the accused persons, named in the FIR. The present petitioner is one of the accused persons, named in the FIR. 3. Pursuant to the interim order dated 27.01.2020, the present accused-petitioner has appeared before the Investigating Officer and his statement has duly been recorded, which is available in the case diary. 4. The present petitioner is one of the accused persons, named in the FIR. 3. Pursuant to the interim order dated 27.01.2020, the present accused-petitioner has appeared before the Investigating Officer and his statement has duly been recorded, which is available in the case diary. 4. Having due regard to the allegations and counter allegations made by the parties in connection with Chhaygaon Police Station Case No. 1112/2019 and Chhaygaon Police Station Case No. 1113/2019 and the nature and gravity of the offences alleged, I am of the considered view that the custodial interrogation of the accused-petitioner is not necessary since he has already joined in the investigation by appearing before the investigating officer of the case; and provided he continues his cooperation in the further investigation of the case. The course of investigation is not likely be prejudicially affected if such privilege is extended to the accused-petitioner. 5. Accordingly, the earlier interim protection of pre-arrest bail granted to the accused- petitioner by the order dated 27.01.2020 is hereby made absolute, subject to the conditions :- (1) The accused-petitioner shall appear before the Investigating Officer of the case as and when his presence is required for the cause of investigation and he shall continue to co-operate with the investigation; (2) The accused-petitioner shall not hamper with the investigation, or tamper with the evidence of the case; & (3) The accused-petitioner shall not, directly or indirectly, make any inducement, threat or premise 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. 6. The bail application stands disposed of in the aforesaid terms.