Gauhati High Court
Atowar Rahman vs The State Of Assam on 3 February, 2022
Author: Manish Choudhury
Bench: Manish Choudhury
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GAHC010203132021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/4025/2021
ATOWAR RAHMAN
S/O BODIYAT JAMAN
VILL- AIRONJONGLA PART-III, P.S. DHUBRI, DIST. DHUBRI, ASSAM
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR H R A CHOUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 03-02-2022 Heard Mr. H.R.A. Choudhury, learned Senior Counsel for the petitioner and Mr. R.J. Baruah, learned Additional Public Prosecutor for the respondent State of Assam.
2. By this application under Section 438, Code of Criminal Procedure, 1973 Page No.# 2/4 [CrPC], the petitioner viz. Atowar Rahman has approached this Court seeking the benefit of pre-arrest bail, apprehending his arrest, in connection with Dhubri Police Station Case No. 728/2021 registered for offence punishable under Section 489C, Indian Penal Code [IPC] with added Section 489A/489B, IPC.
3. Mr. Choudhury, learned Senior Counsel for the petitioner has submitted that apprehension of the petitioner has arisen due to the fact that the police is looking for him on the ground that one of the arrested co-accused persons has stated before the Investigating Officer that the petitioner is also involved in the activities relating to fake currency notes.
4. The Branch Manager, Punjab National Bank, Dhubri Branch lodged the concerned FIR, registered on 03.05.2021, with the information that amongst currency notes deposited by one Shohidur Rahman at the bank, the bank detected 27 nos. of counterfeit notes of denomination Rs. 500/-, for a total amount of Rs. 13,500/-.
5. Learned Additional Public Prosecutor producing the concerned case diary has submitted that after arrest of Shohidur Rahman, another accused viz. Sultan Mamud was arrested in connection with the case. He has further submitted that in the statement of the arrested co-accused person viz. Sultan Mamud, the co- accused has mentioned that the petitioner is also involved in the activities of counterfeit Indian currency notes.
6. The case has been registered on 03.05.2021 and since then, the investigation is being carried out.
7. From the materials available in the case diary, collected during the course of investigation carried out so far, it is noticed that the arrested co-accused Page No.# 3/4 person viz. Sultan Mamud has mentioned the name of the petitioner and has stated that the petitioner is also involved in the activities of fake Indian currency notes. During the course of investigation, the house of the petitioner was searched but no incriminating materials relating to any activities with regard to fake Indian currency notes have been recovered.
8. Considering the fact that the investigation is in progress since 03.05.2021 and no incriminating materials other than the statement of the arrested co- accused, have been unearthed and or collected against the petitioner connecting him with the activities of counterfeit indian currency note, till date despite elapse of sufficient period of time, this Court is of the view that custodial interrogation of the petitioner appears not necessary for the purpose of carrying out further investigation in the case and his release on pre-arrest bail, at this stage of investigation, is not likely to affect the further investigation of the case in any prejudicial manner, provided he extends his assistance and cooperation in the further investigation of the case.
9. Accordingly, it is provided that in the event of arrest of the petitioner in connection with Dhubri Police Station Case No. 728/2021, he shall be released on bail on furnishing a bail bond of Rs. 25,000/- with two local sureties of the like amount to the satisfaction of the arresting authority, subject to the conditions that :
1. The petitioner shall appear before the Investigating Officer of the case within a period of 7 [seven] days from today and thereafter, shall appear as and when his presence is called for and shall cooperate with the investigation of the case;
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2. The 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 Court or to any police officer;
3. The petitioner shall not hamper with the investigation or tamper with the evidence of the case; and
4. The petitioner shall regularly remain present during the trial and co-
operate the Court to complete the trial for the above offences, if charge sheeted in the case.
The bail application stands disposed of in the aforesaid terms.
JUDGE Comparing Assistant