Sahab Uddin Mazumdar v. The State of Assam

Page No.# 1/6 GAHC010211762024

2024:GAU-AS:12159

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3103/2024 TOUHIDA AKTAR BARBHUYA W/O IMDADUR RAHMAN CHOUDHURY, VILL-BILPAR DAMKOR, P.S.- HAILAKANDI, DIST-HAILAKANDI (ASSAM), PIN-788155 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A ROSHID, Advocate for the Respondent : PP, ASSAM, Linked Case : Bail Appln./3222/2024 RIAJUL ISLAM MAZUMDER S/O SIRAJ UDDIN MAZUMDER RESIDENT OF VILLAGE NITAINAGAR PART III PS AND DIST HAILAKANDI VERSUS CBI REP BY THE SPL. PP CBI Page No.# 2/6 ------------ Advocate for : MR. A K HANNAN Advocate for : SPL. PP C.B.I. appearing for CBI Linked Case : Bail Appln./3300/2024 SAHAB UDDIN MAZUMDAR S/O LT. TAZAMUL ALI MAZUMDAR VILL-PURBA SONAPUR P.S.-HAILAKANDI DIST-HAILAKANDI (ASSAM) PIN-788155 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR 2:CNI REPRESENTED BY THE SPECIAL PUBLIC PROSECUTOR CENTRAL BUREAU OF INVESTIGATION ------------ Advocate for : MR. A ROSHID Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Linked Case : Bail Appln./3340/2024 NURUJJAMAN CHOUDHURY @ NURUJAMAN CHOUDHURY S/OLT. IDRIS ALI CHOUDHURY VILL AND P.O. PANCHGRAM DIST. HAILAKANDI VERSUS THE STATE OF ASSAM Page No.# 3/6 TO BE REP. BY THE PP ------------ Advocate for : MR. N H BARBHUIYA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM

BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

Date of Order : 02.12.2024

(ORDER)

¶1Heard Mr A Roshid, learned counsel for the petitioner, Touhida Aktar Barbhuiya, in connection with Bail Application No. 3103/2024, for the petitioner, Sahab Uddin Mazumdar, in connection with Bail Application No. 3300/2024, Mr M J Quadir, learned counsel for the petitioner, Riajul Islam Mazumder, in connection with Bail Application No. 3222/2024 and Mr N H Barbuiya, learned counsel for the petitioner, Nurujjaman Choudhury @ Nurujaman Choudhury, in connection with Bail Application No. 3340/2024.

¶2The petitioners, Touhida Aktar Barbhuiya, Sahab Uddin Mazumdar, Riajul Islam Mazumder and Nurujjaman Choudhury @ Nurujaman Choudhury, have filed the aforementioned bail applications under Section 483 of the BNSS, 2023, with prayer for bail in connection with Hailakandi PS Case No. 201/2024, under Sections 406/420/34 of the Indian Penal Code, 1860, read with Sections 21(3)/22/23 of the Banning of Unregulated Deposit Page No.# 4/6 Scheme Act, 2019, as they are behind bars since 03.09.2024, 03.09.2024, 02.09.2024 and

02.09.2024, respectively.

¶3Learned Special Public Prosecutor, Mr M Haloi, has raised serious objection stating that the petitioners being the employees of Singhania Fintech Agribusiness Consortium Limited, Hailakandi, pressurized the agents to collect Rs. 2,000/- from the public to disburse loan to the public worth Rs. 25,000/-.

¶4Learned Special Public Prosecutor, Mr M Haloi, has also raised objection stating that the petitioner, Touhida Aktar Barbhuiya and Riajul Islam Mazumder were GP Coordinators of the aforementioned Company, and were complicit. Sahab Uddin Mazumder is also complicit and so is Nurujjaman Choudhury. It is submitted that he was the Block Coordinator of Singhania Fintech Agribusiness Consortium Limited, and overt act has been attributed to him.

¶5Learned Special Public Prosecutor has raised objection stating that this is an economic offence and investigation will be adversely affected if the petitioners are admitted to bail.

¶6The FIR unfolds that in the month of April, 2024, a lady named Doli Bhowmik, went to the informant's house and apprised her that the aforementioned Company was providing loan of Rs. 25,000/-, in lieu of deposit of Rs. 2,000/-. On 01.05.2024, Dolly Bhowmik again went to the informant's house and received Rs. 2,000/- along with documents, such as, Pan Card, Aadhar Card, Voter ID card, Bank Passbook and Passport size photographs etc. and got the informant's signatures affixed on some documents. After about 15/20 days, the informant called Dolly Bhowmik over phone and asked her about the loan, but there was no response from her side. No loan was also credited to her account. There were several communications Page No.# 5/6 between Dolly Bhowmik and the informant. Later, the Police raided the office of the aforementioned Company, i.e, Singhania Fintech Agribusiness Consortium Limited, Hailakandi, and seized some documents and other incriminating materials and detained the office bearers. Then the informant learnt that the Company is a shell company and all the employees were involved in misappropriation of funds deposited by the Public. The Company was not recognized by RBI and did not follow any norms under the SEBI guidelines and did not have NBFC.

¶7Case Diary reveals that evidence of several witnesses have been recorded. Investigation has progressed substantially.

¶8It appears that further custodial detention may not be required for the progress of investigation.

¶9The petitioners have pledged to abide by any stringent bail conditions, if imposed upon them.

¶10Considering all aspects, I deem it appropriate to grant bail to the petitioners. The petitioners, Touhida Aktar Barbhuiya, Sahab Uddin Mazumdar, Riajul Islam Mazumder and Nurujjaman Choudhury @ Nurujaman Choudhury are enlarged on bail on furnishing bail bonds of Rs. 50,000/-each, with a suitable surety of the like amount to the satisfaction of the learned CJM, Hailakandi, under the conditions that-

i) the petitioners shall cooperate with the investigation and appear before the IO, on every fortnight, till completion of investigation,

ii) the petitioners shall refrain from such activities with which they are alleged, and

iii) the petitioners shall not leave the jurisdiction of the Court, without prior permission. Page No.# 6/6

¶11On breach of any of the bail conditions, the learned jurisdictional Court is at liberty to immediately cancel the bail granted to the petitioners.

¶12The Bail Applications stand disposed of.

¶13Send back the Case Diary.

JUDGE Comparing Assistant