Mehatab Hussain @ Mehtab Hussain vs. The State Of Assam

Held

The Court granted bail to the petitioner, Mehatab Hussain @ Mehtab Hussain. The Court considered that the petitioner had been in custody since March 12, 2023, and that the GST amount along with penalty had been recovered, leading to the release of the trucks. Furthermore, the Court noted that other individuals involved in the same occurrence had already been granted pre-arrest bail by the High Court. The Court was of the opinion that further custodial detention of the petitioner was not necessary. The bail was granted on furnishing a bond of Rs. 30,000/- with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Bongaigaon. The petitioner was directed to cooperate fully in the investigation and not leave the jurisdiction of the Investigating Officer without prior intimation. The bail application was disposed of.

Facts

The petitioner, Mehatab Hussain @ Mehtab Hussain, was arrested on March 12, 2023, in connection with Jogighopa P.S. Case No. 96/2023, registered under Sections 120(B)/420/468/471/34 IPC. The arrest was related to an incident involving four trucks. The GST amount along with penalty has been recovered, and the trucks have been released by the authorities. The petitioner's statement has been recorded, and the investigation is ongoing with documents seized. The petitioner has been in custody since his arrest. The petitioner's counsel submitted that other individuals involved in the occurrence have been granted pre-arrest bail by the High Court.

Key Issues

1. Whether the petitioner is entitled to be released on bail under Section 439 Cr.P.C. considering the facts and circumstances of the case? Petitioner's Arguments: - The petitioner has been in custody since March 12, 2023. - The GST amount and penalty have been recovered, and the trucks involved have been released. - The investigation is ongoing, but further custodial detention is not necessary. - Other individuals involved in the occurrence have already been granted pre-arrest bail by this Court, as evidenced by the order dated March 20, 2023, in A.B. No. 1012/2023. Revenue/State's Arguments: - The State, represented by the Additional Public Prosecutor, produced the Case Diary, indicating the investigation is still in progress.