Gauhati High Court
Ajibor Rahman @ Azibar Ali Khandakar vs The State Of Assam on 9 November, 2022
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GAHC010202712022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2914/2022
AJIBOR RAHMAN @ AZIBAR ALI KHANDAKAR
S/O- JOBDER ALI, R/O- NABI NAGAR, P.O. BALADMARI, P.S. GOALPARA,
DIST.- GOALPARA, ASSAM, PIN- 783101
VERSUS
THE STATE OF ASSAM
REP. BY P.P., ASSAM
Advocate for the Petitioner : MS. N NASRIN
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
Date : --09.11.2022 Heard Mr. A. Alim Sk, learned counsel for the petitioner. Also heard Ms. N. Das, learned Addl. P.P. for the State of Assam.
The petitioner was granted interim bail vide order dated 30.09.2022. The petitioner has filed this petition under Section 438 of the Code of Criminal Procedure (Cr.P.C. for short) in connection with Goalpara P.S. Case No. 214/2022 under Sections 420/473/34 of Indian Penal Code (IPC for short) corresponding to G.R. No. 1254/2022.
It is submitted that the petitioner has co-operated with the investigation. He is a local Page No.# 2/2 resident and he will not evade arrest. The petitioner is apprehending arrest in connection with this case. It is submitted that the petitioner is not involved in this case. In the event of his arrest his image will be tarnished. He has a clean image in the society. He is the sole bread winner of the family and being a vendor in the Court he will co-operate with the remaining part of the investigation.
The learned Addl. P.P. has raised serious objection. It is submitted that the petitioner Ajbor Rahman @ Azibar Ali Khandakar is named in the FIR. The allegation against him is that he, being a vendor has been selling non-judicial stamp papers at the rate which is double the rate affixed on the stamp papers. The petitioner along with his companion sold stealthily stamp papers from other districts. He has amassed a huge stock of stamp papers of different denominations of more than Rs. 20 lacs. He used to supply the stamp papers using forged seals of different district Courts and also within the Goalpara district. He has been exploiting the litigant public and the students who are in need of such stamp papers hoarded by him.
I have perused the Case Diary. There are indeed cogent materials in the Case Diary against the petitioner. It is true that the petitioner has cooperated with the investigation. It is also true that he has not violated any bail conditions. I believe that a balance has to be struck between two factors namely, no prejudice should be caused to the free, fair and full investigation and there should be prevention of harassment, humiliation and unjustified detention of the petitioner. In this case investigation has indeed progressed considerably without any impediment. There appears to be no reasonable apprehension of tampering of witnesses or threats to witnesses. My considered view is that the order of interim bail may be made absolute.
Thereby, the order of interim bail dated 30.09.2022 is hereby made absolute.
The petitioner will abide with the conditions of bail imposed upon him vide order dated 30.09.2022.
Send back the Case Diary.
JUDGE Comparing Assistant