Gauhati High Court
Jiyabur Rahman vs The State Of Assam on 28 November, 2022
Author: Manish Choudhury
Bench: Manish Choudhury
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GAHC010210012022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/3022/2022
JIYABUR RAHMAN
S/O ALI AKBAR
R/O HATIKHUTI
P.S. KACHUA
DIST. NAGAON, ASSAM
VERSUS
THE STATE OF ASSAM
TO BE REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. A AHMED
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
28.11.2022 Heard Mr. A. Ahmed, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor for the respondent State of Assam.
2. By this application under Section 438, Code of Criminal Procedure, 1973 [CrPC], the Page No.# 2/3 petitioner viz. Jiyabur Rahman has approached this Court seeking the benefit of pre-arrest bail, apprehending his arrest, in connection with Kachua Police Station Case no. 121/2022 registered under Sections 120B/420//489A/489C/489E, Indian Penal Code [IPC].
3. As per the First Information Report [FIR], lodged on 07.09.2022, on receipt of a source information, which resulted into a General Diary Entry no. 118 dated 07.09.2022, to the effect that activities of illegal business of Fake Indian Currency Note [FICN] were going on in the house of the petitioner at Hatikhuti village, a team of police personnel raided the house. During the raid, three accused persons viz. [i] Jalal Uddin, [ii] R. Vanlalruata, and [iii] Mrs. Zoramchhani, were apprehended and one suspected FICN making machine, 103 nos. of suspected FICN of denomination Rs. 500/- , and other articles were seized.
4. Mr. Ahmed, learned counsel for the petitioner has submitted that one of the arrested accused persons viz. Jalal Uddin used a part/room of the petitioner's house for his own business. On the day of alleged incident, the petitioner who is a mason by occupation, was not in his house/village.
5. Mr. Sarma, learned Additional Public Prosecutor has produced the case diary and has submitted that there are ample incriminating materials against the petitioner and this is not a fit case to extend the benefit of pre-arrest bail to the petitioner.
6. I have perused the materials in the case diary including the statements of the independent witnesses. A number of independent witnesses, in their statements recorded under Section 161, CrPC, have stated that the three persons were apprehended as well as the FICN making machine and 103 nos. of FSIC were recovered from inside the house of the petitioner. The independent witnesses have further stated that when the raid was made, the petitioner and few others fled away from inside the house. The arrested accused person, Jalal Uddin had also made attempt to run away from the place but he was caught after being chased for a distance by the police personnel. The three arrested accused persons, in their statements, have implicated the petitioner to be involved in the illegal activities of making FICN.
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7. Having regard to the incriminating materials available in the case diary, collected during the course of investigation carried out so far, this Court is of the considered view that this is not a fit case to extend to the benefit of pre-arrest bail under Section 438, CrPC to the petitioner. Consequently, the pre-arrest bail petition of the petitioner is rejected.
JUDGE Comparing Assistant