Abdul Hafiz Choudhury vs. The State Of Assam

Held

The Court granted bail to the accused-petitioner, Abdul Hafiz Choudhury, on a bail bond of Rs. 30,000/- with one surety of like amount. The Court acknowledged the prima facie incriminating material against the petitioner but considered the length of his detention in judicial custody and the substantial progress in the investigation. The Court was of the considered opinion that further continuation of the accused's detention was not warranted in the interest of the investigation. The bail was granted subject to the conditions that the petitioner shall cooperate with the Investigating Officer, shall not induce, threaten, or promise any person acquainted with the facts of the case to dissuade them from disclosing facts, and shall refrain from committing any similar offences in the future. The Court did not expressly leave any issue undecided.

Facts

This is a second bail application filed by Abdul Hafiz Choudhury, the proprietor of a firm named 'Jubo Parishad', under Section 439 Cr.P.C. The petitioner has been in judicial custody for 72 days since May 31, 2021, in connection with Karimganj P.S. Case No. 535/2021. His earlier bail application was rejected by the High Court on July 16, 2021. The FIR alleges illegalities and irregularities in cross-border coal trade with Bangladesh, including the use of forged documents, fake number plates, evasion of GST by under-reporting quantities or not paying tax at all, illegal stocking of coal, and forging e-way bills and GST invoices. The seized coal-laden trucks have been released to their owners.

Key Issues

1. Whether the accused-petitioner is entitled to be released on bail under Section 439 Cr.P.C. given the length of his judicial custody and the progress of the investigation? The petitioner's counsel argued that the petitioner has been in judicial custody for 72 days and that his continued detention may not be necessary, especially considering his firm holds an Importer-Exporter Code. The counsel also highlighted the length of detention as a factor for granting bail. The State, through the Additional Public Prosecutor, contended that the case diary reveals illegalities and irregularities committed by the petitioner in cross-border trade with Bangladesh. The seized vehicles with coal have been released, but the overall investigation points to the petitioner's involvement in alleged criminal acts related to coal transportation and export.