THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM

BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN Date : 16-11-2023 ORDER Heard Mr. S. M. Abdullah, learned counsel for the accused. Also heard Ms. N. Das, learned Addl.P.P. for the State respondent. This application, under Section 439 Cr.P.C. is preferred by the accused, Martajul Khan, who has been languishing in jail hajot in connection with Dispur P.S Case Page No.# 2/3 No. 397/2023,under Section 406 of IPC, for grant of bail. The above noted case has been registered on the basis of an FIR lodged by one Ms Laju Singh on 6.8.2023. The essence of allegation, made in the FIR, dated 6.8.2023, is that one Sanjivan Bharadwaj had asked for the vehicle of the informant in connection with the assembly election of Nagaland and also assured to provide her something in lieu of the same and after the election, the informant asked the accused Sanjivan Bharadwaj for return her vehicle but he failed to return the vehicle and also started avoiding her and therefore, she doubts that the vehicle has been sold to someone . Mr. Abdulla, learned counsel for the accused submits that the accused is behind the bar for last 50(fifty) days and that his name is not there in the FIR, and considering the period of detention, Mr. Abdullah, learned counsel for the accused has contended to enlarge the accused on bail. On the other hand, Ms. N. Das, learned Addl. P. P. has produced the case diary before this Court and submits that the I.O. has collected sufficient incriminating materials against the present accused and that the vehicle has not yet been recovered and therefore, Ms. Das has opposed the petition. Having heard the submission of learned Advocates of both the sides and I have carefully gone through the petition and the documents placed on record and also perused the case diary with the assistance of Ms. Das, learned Addl. P.P. It appears from the case diary that I.O. has collected sufficient incriminating materials against the accused. The vehicle is yet to be recovered and recovery will be bleak, if he be enlarged on bail. In view of above, this court is of the view that this is not a fit case where the privilege of bail can be extended to the accused, accordingly, bail petition stands dismissed. Case diary be returned. Page No.# 3/3 JUDGE Comparing Assistant