Lukman Hussain @ Lokman Hussain vs. The State Of Assam

Held

The Court granted bail to the petitioner. While acknowledging that there was prima facie incriminating material against the accused, the Court considered the length of detention in judicial custody and the substantial progress in the investigation concerning the petitioner's complicity in the alleged criminal acts. The Court was of the considered opinion that further continuation of the petitioner's detention was not warranted in the interest of the investigation. Accordingly, the petitioner was released on bail of Rs. 30,000/- with one surety of like amount, subject to conditions including cooperation with the Investigating Officer, not inducing witnesses, and refraining from committing similar offences.

Facts

This is a second bail application filed by the petitioner, Lukman Hussain, under Section 439 Cr.P.C. The petitioner sought bail in connection with Karimganj P.S. Case No. 535/2021, registered under various sections of the Indian Penal Code, including those related to cheating, forgery, and criminal conspiracy. The petitioner has been in judicial custody for 70 days. His earlier bail application was rejected by the High Court. The prosecution alleges that the petitioner was involved in illegal cross-border trade with Bangladesh, involving the seizure of 11 coal-loaded trucks suspected of carrying illegally sourced coal transported using forged documents. The petitioner claims no involvement in export-import business and denies ownership or carriage of the seized coal.

Key Issues

1. Whether the petitioner is entitled to be released on bail, considering the length of his detention and the progress of the investigation, despite prima facie incriminating material against him? Petitioner's arguments: The petitioner's counsel argued that the accused has been in judicial custody for 70 days and further detention may not be necessary. He contended that the petitioner is not involved in export-import business and has no connection with the seized coal-laden trucks, as he is neither the owner nor the carrier. Revenue/State's arguments: The State's counsel submitted that the seized vehicles with coal have been released to the owners. However, the case diary reveals illegalities and irregularities committed by the petitioner in cross-border trade with Bangladesh. The FIR details allegations of illegal transportation and export of coal involving forged documents, evasion of GST by under-reporting quantities, and stocking coal without permission.