Gauhati High Court
Atiqur Rahman vs The State Of Assam on 5 December, 2023
Author: Malasri Nandi
Bench: Malasri Nandi
Page No.# 1/3
GAHC010267532023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./4342/2023
ATIQUR RAHMAN
S/O MD. AZIM ALI, R/O H/N-06, MILANPUR PATH, SIJUBARI, HATIGAON,
P.S.-HATIGAON, DIST-KAMRUP (M), ASSAM
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR S M ABDULLAH P
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 05.12.2023 Heard Mr. S.M. Abdullah P, learned counsel for the petitioner. Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor, Assam.
This is an application filed under Section 439 Cr.P.C., seeking bail by the petitioner, namely, Atiqur Rahman in connection with Hatigaon P.S. Case No. 335/2023, registered under Section 120(B)/511/420/489(A)/489(C) IPC.
Page No.# 2/3 Learned counsel for the petitioner submits that the petitioner has been languishing in jail hazot for the last 53 days and nothing is recovered from his possession. Bail was granted to other co-accused.
Considering the period of detention, bail may be granted to the petitioner. Learned Additional Public Prosecutor on the other hand submits that it is not specifically mentioned in the seizure list from whom the fake currency notes were recovered.
I have considered the submission of the learned counsel for the parties. Perused the case diary, including the seizure list. Though the name of the petitioner along with some other persons were mentioned in the seizure list, but it is not stated/pointed out specifically in the seizure list from whom the fake currency notes were recovered.
In view of the above as well as considering the period of detention, the bail is granted to the petitioner.
Accordingly, the accused-petitioner, named above, shall be released on bail in connection with Hatigaon P.S. Case No. 335/2023, registered under Section 120(B)/511/420/489(A)/489(C) IPC on furnishing bail bond of Rs.50,000/- with a suitable surety of the like amount, to the satisfaction of learned CJM, Kamrup(M).
The direction for bail is further subject to the conditions that the accused- petitioner:
(a) shall not leave the territorial jurisdiction of learned CJM, Kamrup(M) without prior written permission from him/her;
(b) shall not hamper with the investigation, or tamper with the evidence of the case;
(c) shall not, directly or indirectly, make any inducement, threat or Page No.# 3/3 promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.
In terms of the above, this bail application stands disposed of.
Send back the case diary.
JUDGE Comparing Assistant