Gauhati High Court
Abdul Rajak vs The State Of Assam on 30 November, 2023
Page No.# 1/4
GAHC010263182023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./4275/2023
ABDUL RAJAK
S/O IMAN ALI
R/O VIL- 2 NO. ISLAMPUR
P.S. BIHPURIA
DIST. LAKHIMPUR, ASSAM
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. R SHARMA
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
30.11.2023 Heard Mr. R. Sharma, learned Senior Counsel, assisted by Mr. E. Ahmed, learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Additional Public Prosecutor, appearing for the State of Assam.
Page No.# 2/4 This application under Section 439 of the Code of Criminal Procedure, 1973 has been filed by the petitioner, namely, Abdul Rajak, who has been detained behind the bars since 14.10.2023 (for last 47 days) in connection with Hatigaon P.S. Case No. 335/2023 under Section 120B/511/420/489A/489B of the Indian Penal Code.
The gist of accusation in this case against the present petitioner is that on 13.10.2023, one Sri Mukut Baishya, Inspector of Police, had lodged an FIR before the Officer-In-Charge of Hatigaon Police Station, inter-alia, alleging that on receipt of information through reliable sources the informant along with the other police personnel of Hatigaon Police Station raided the premises of Md. Atiqur Rahman, who was suspected to be dealing in fake Indian currency notes and seized some fake Indian currency notes of various denominations and some other materials which are suspected to be used in manufacturing fake Indian currency notes.
Learned Senior Counsel for the petitioner has submitted that the petitioner is not involved in the offence alleged against him in the FIR.
It is further submitted by learned Senior Counsel for the petitioner that on the date of alleged offence, a search operation conducted by police and the petitioner happened to be present in the premises where operation was conducted. He was therefore arrested along with other co-accused persons.
However, it is submitted that when the present petitioner was produced before the learned Judicial Magistrate First Class, Kamrup (M) after their arrest, his police custody was not sought for by the Investigating Officer, rather the Investigating Officer sought the police custody of one Atiqur Rahman and Nizam Ali, who were alleged to be the main accused in this case.
Learned Senior Counsel for the petitioner has further submitted that Page No.# 3/4 otherwise also, the petitioner has completed 47 days behind the bars and considering the period of detention, he may be allowed to go on bail.
On the other hand, learned Additional Public Prosecutor has vehemently opposed the grant of bail to the present petitioner at this stage on the ground that though the statement of the accused persons who were arrested have been recorded petitioner by the Investigating Officer, however, there are other members who are involved in dealings of fake Indian currency notes as this crime is an organized crime and at this stage, if the petitioner is released on bail, the police may get difficulty in apprehending other accused persons who are involved in this case.
Learned Additional Public Prosecutor also submits that the present petitioner was engaged by the group who are involved in the dealings in fake Indian currency notes to carry the fake Indian currency notes to Shillong.
I have considered the submissions made by learned counsel for both the parties and have perused the materials available on record including the case diary of Hatigaon P.S. Case No. 335/2023. It appears that on the date of the seizure itself 5 accused persons were arrested out of whom the police sought remand for two of the accused and the present petitioner's police remand was not sought for. It also appears that in the meanwhile, investigation has fairly progressed and it is mainly pending for the receipt of Forensic Science Laboratory report.
Considering the progress made in the investigation and considering the fact that the petitioner has been already detained behind the bars for last 47 days, his further custodial detention of the present petitioner does not appear to be necessary if he otherwise co-operates in the investigation with the Investigating Officer.
Page No.# 4/4 In view of the above, the above-named petitioner is hereby allowed to go on bail of Rs. 30,000/- with a suitable surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M) with conditions that:-
(i) that the petitioner shall provide his contact details including his mobile number to the Investigating Officer and shall appear before the Investigating Officer as and when so required for the sake of fair completion of the investigation;
(ii) the petitioner shall not directly or indirectly make any inducement threat or promise to the informant or to any other persons who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court; and
(iii) the petitioner shall not leave the jurisdiction of the Court of learned Chief Judicial Magistrate, Kamrup (M), without prior leave of the Investigating Officer of Hatigaon P.S. Case No. 335/2023.
With the above observations, this bail application is hereby disposed of. Send back the case diary.
JUDGE Comparing Assistant