Hanifur Rahman and 3 Ors v. The State of Assam

ORDER

09.03.2023

Heard Mr. N.J. Dutta, learned counsel for the accused petitioners. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor, Assam appearing for the State respondent. By this petition under Section 439 Cr.P.C., the accused petitioners, namely

(1) Hanifur Rahman (2) Aminul Hoque @Amin (3) Lotfar Rahman @Rocky and (4) Sahidul Islam have prayed for grant of bail in connection with Hatigaon P.S. Case No. 397/2022 u/ss 406/420/379 of the IPC read with Section 66(C) of the IT Act. The case diary, as called for, is placed before the Court. As per the F.I.R., dated 18.08.2022 lodged by one Puspa Gogoi Rajkhowa, on that day at about 11 a.m., while she was returning after withdrawing money from the SBI ATM near Ghoramara Kali Mandir, five unknown persons who were waiting there called her saying that something had happened with the ATM monitor and asked for her ATM card. Thereafter, they fraudulently gave her another ATM card in the name of one Keshab Deka. After reaching home, the informant found that an amount of Rs.1,10,000/-had been withdrawn as well as transferred from her account. Page No.# 3/4 Mr. N.J. Dutta, learned counsel for the accused petitioners, submits that altogether 17 numbers of cases have been registered against the accused petitioners and that they have been enlarged on bail in other connected cases. Mr. B. Sarma, learned Addl. Public Prosecutor, submits that the case diary shows prima facie incriminating material against the accused petitioners and therefore, they may not be enlarged on bail. Perusal of the case diary shows that no recovery has been made so far in the case. Although there is a note of the investigating officer dated 05.09.2022 making requisition to the Branch Manager, SBI Hatigaon Branch for the CCTV footage in connection with the incident the same has not been received till date. On the other hand, the accused petitioners have been languishing in judicial custody for last 28 days since they were shown arrested on 09.02.2023. The investigation is yet to be completed. This Court is of the opinion that further continuation of detention of the accused petitioners in the interest of the ongoing investigation may not be required. Accordingly, it is provided that each of the accused petitioners named above shall be released on bail of Rs.40,000/-(Rupees Forty Thousand) each with one surety of like amount to the satisfaction of the learned C.J.M., Kamrup(M), subject to the following conditions-

i) That the accused/petitioners shall cooperate with the Investigating Officer as and when required;

ii) That the accused/petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Police Officer or the Court; and Page No.# 4/4

iii) That the accused/petitioners shall refrain from committing any similar offences in future of which they are accused or suspected of commission. Return the case diary. The bail application stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010037272023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./549/2023 HANIFURoRAHMANoANDo3oORS. S/OoLATEoAJIJURoRAHMANo R/OoVILL-oSONAPURoPATHAR o P.S.oSONAPURo DIST.oKAMRUPo(METRO) oASSAM 2:oAMINULoHOQUEo@oAMIN S/OoAHMEDoALIo R/OoVILL-oMADHYAoBHAKUAMARIo P.S.oANDoDIST.oBARPETA oASSAM o3:oLOTFARoRAHMANo@oROCKY S/OoABDULoKALAMo R/OoVILL-oKOYAKUCHI oBHAKUAMARIo P.S.oANDoDIST.oBARPETA oASSAM o4:oSAHIDULoISLAM S/OoSUKURoALIo R/OoVILL-oKOYAKUCHI o BHAKUAMARIo P.S.oANDoDIST.oBARPETA oASSAM oVERSUS THEoSTATEoOFoASSAM REP.oBYoTHEoPP oASSAM Page No.# 2/4 ------------ Advocate for : MR. N J DUTTA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR