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. 464/2022 u/ss 379/420 of the IPC read with Section 66 of the IT Act. The case diary, as called for, is placed before the Court. As per the F.I.R., dated 06.10.2022 lodged by one Rupa Kalita, on

30.09.2022 at about 8 a.m. while she entered into an SBI ATM at Hatigaon Naharani Path and withdrew and amount of Rs.14,000/-, four unknown boys were standing on her back side. One of them told her that more money of her will come out and asked her to enter her pin number. When she entered her pin number the said boy tactfully took away her ATM card along with Rs.17,000/-from her account. Mr. N.J. Dutta, learned counsel for the accused petitioners, submits that Page No.# 3/4 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 10.10.2022 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 23 days since they were shown arrested on 14.02.2023. 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./601/2023o HANIFURoRAHMANoANDo3oORSo S/OoLATEoAJIJURoRAHMANo R/OoSONAPURoPATHAR,o P.S.oSONAPURo DIST.oKAMRUPo(METRO),oASSAM 2:oAMINULoHOQUEo@oAMIN oS/OoAHMEDoALIo R/OoMADHYAoBHAKUAMARIo P.S.oANDoDIST.oBARPETA oASSAM 3:oLOTFARoRAHMANo@oROCKY oSOoABULoKALAMo R/OoKOYAKUCHI o BHAKUAMARIo P.S.oANDoDIST.oBARPETA oASSAM 4:oSAHIDULISLAM oS/OoSUKURoALIo R/OoKOYAKUCHI o BHAKUAMARIo P.S.oANDoDIST.oBARPETA oASSAo VERSUSo THEoSTATEoOFoASSAMo REP.oBYoTHEoPP,oASSAM Page No.# 2/4 Advocate for the Petitioner : MR. N J DUTTA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR