Abdul Hie v. The State of Assam

ORDER

01.10.2024 Heard Mr HRA Choudhury, learned Senior Counsel for the petitioner, Abdul Hie, who has filed this application under Section 483 of the BNSS, 2023, with prayer for bail, as he is behind bars since 08.09.2024, in connection with Abhayapuri PS Case No. 216/2024, corresponding to NGR Case No. 344/2024 under Sections 316(2)/318(2) of the BNS, 2023, read with Section 21(1)/21(2)/21(3) of the Banning of Unregulated Deposit Scheme Act, 2019. Page No.# 2/2

¶3Heard Mr M P Goswami, learned Additional Public Prosecutor appearing on behalf of the State of Assam.

¶4It is submitted on behalf of the petitioner that it is falsely accused that the petitioner has misappropriated crores of rupees at Abhayapuri through an illegal app, namely, Hedgex, with the help of Asraful Ahmed, Anowar Hussain, Deepak Paul.

¶5The learned Additional Public Prosecutor has raised serious objection stating that there are incriminating materials in the Case Diary against the petitioner.

¶6I have also scrutinized the Case Diary.

¶7There are indeed incriminating materials in the Case Diary against the petitioner.

¶8Investigation is still under progress.

¶9It appears that investigation may be adversely affected if the petitioner is enlarged on bail, at this stage.

¶10Although it is submitted that an organization has lodged the FIR and the aggrieved have not lodged the FIR, yet at this juncture, I am not inclined to grant bail to the petitioner.

¶11Petition stands rejected at this stage.

¶12Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010193652024 2024:GAU-AS:9916 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2817/2024 ABDUL HIE S/O LATE HABIBAR RAHMAN VILL- MEDHIRTARY, P.O. GAJIA P.S. BARPETA, DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. R ALI, MR. MUSTAFA HUSSAIN,MR H A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND