Najrul Islam vs The State Of Assam on 13 June, 2022

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Gauhati High Court

Najrul Islam vs The State Of Assam on 13 June, 2022

Bench: Ajit Borthakur

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GAHC010096262022




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                               Case No. : Bail Appln./1116/2022

            NAJRUL ISLAM
            S/O IDRISH ALI, VILL-BALIDUNGA, P.S.-BHURAGAON, DIST-MORIGAON,
            ASSAM



            VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM



Advocate for the Petitioner   : MS. S K NARGIS

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                          ORDER

13.06.2022 Heard Ms. S.K. Nargis, learned counsel for the accused petitioner as well as Mr. B.B. Gogoi, learned Addl. P.P., Assam appearing for the State respondent.

By this second petition under Section 439 Cr.P.C., the accused-petitioner, Page No.# 2/3 namely Najrul Islam has prayed for grant of bail in connection with Laharighat P.S. Case No. 192/2022 u/s 420/468/471/379/34 of the IPC r/w Sections 66(C)/67(D) of the I.T. Act.

The earlier bail application of the petitioner being B.A. No. 946/2022 was rejected by this Court vide order, dated 09.05.2022.

The case diary is placed before the Court.

Ms. S.K. Nargis, learned counsel for the accused petitioner, submits that the accused petitioner has been in judicial custody since he was forwarded on 23.04.2022 on mere suspicion only. Ms. Nargis further submits that the co- accused persons are already released on bail.

The F.I.R. reveals the allegation that the accused petitioner along with others availed digital loan from different companies like TATA Neu, Mobikwik etc. by producing fake documents like Aadhar Card, PAN Card etc. and also by way of a software, namely, location changer. It is also alleged that various articles like mobile handsets and laptop etc. were recovered and seized from the possession of the accused persons.

Considering the length of detention (51 days), this Court finds that further continuation of detention of the accused petitioner in judicial custody may not be required in the interest of the ongoing investigation into the case.

Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs. 30,000/- (Rupees Thirty Thousand) with one surety of like amount to the satisfaction of the learned C.J.M., Morigaon subject to the following conditions-

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

ii) That the accused/petitioner 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

iii) That the accused/petitioner shall refrain from committing any offences similar to the one of which he is accused or suspected of commission.

Return the case diary.

This disposes of the bail application.

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