Saddam Hussain vs. The State Of Assam

Held

The Court granted pre-arrest bail to the petitioner, making the interim order absolute. The Court reasoned that the petitioner's name was not mentioned in the FIR, and the allegations were specifically directed against Abul Awal. The petitioner's submission that he was unaware of the scam and had only procured challans from Fojal Haque without knowing their genuineness was considered. The Court also took into account that the petitioner had appeared before the Investigating Officer, his statements were recorded, and he had not violated any bail conditions. Furthermore, the Court noted the petitioner's status as the sole breadwinner, his local residency, and his willingness to cooperate with the investigation, concluding that he was not a flight risk. The prime accused was identified as Fojal Haque, involved in generating E-Way bills. The ratio decidendi is that pre-arrest bail can be granted when the petitioner is not directly named in the FIR, claims ignorance of the alleged scam, has cooperated with the investigation, and faces significant hardship if arrested, especially when a prime accused is identified.

Facts

The petitioner, Saddham Hussain, sought pre-arrest bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, apprehending arrest in connection with Umrangso Police Station Case No. 10/2024, registered under Sections 406/420/468/471 of the Indian Penal Code, 1860. The FIR alleged that a person named Abul Awal, whose GST number was cancelled, was generating E-Way bills in the name of the informant, Biren Singh Enghi. The petitioner claimed ignorance of any scam, stating he procured two challans from Fojal Haque for his brick business without knowing their genuineness and that he has his own GST registration. The petitioner also highlighted his role as the sole breadwinner and willingness to cooperate with the investigation.

Key Issues

1. Whether the petitioner is entitled to pre-arrest bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the allegations of involvement in generating E-Way bills using a cancelled GST number and the potential impact on his family if arrested? (Mixed question of law and fact) Petitioner's Arguments: The petitioner argued that he was unaware of any scam involving E-Way bills and that he procured challans from Fojal Haque without knowing their authenticity. He emphasized his status as the sole breadwinner, his local residency, and his willingness to cooperate with the investigation, suggesting he is not a flight risk. The petitioner also pointed out that his name was not mentioned in the FIR, which specifically named Abul Awal. Revenue/State's Arguments: The judgment does not record any specific arguments made by the respondent State against the grant of pre-arrest bail.