Gauhati High Court
Habijul Islam vs The State Of Assam on 2 September, 2022
Author: Kalyan Rai Surana
Bench: Kalyan Rai Surana
Page No.# 1/3
GAHC010160962022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1996/2022
HABIJUL ISLAM
S/O LT. SOFIQUL ISLAM,
VILL.- FATEHPUR,
P.O.- KUTUBPUR,
PIN- 787054.
P.S.- BIHPURIA,
DIST.- LAKHIPUR, ASSAM.
VERSUS
THE STATE OF ASSAM
REP. BY P.P., ASSAM.
Advocate for the Petitioner : MR M H AHMED
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 02.09.2022 Heard Mr. M.H. Ahmed, learned counsel for the petitioner and Mr. Bhaskar Sarma, learned Addl. P.P. for the State.
Page No.# 2/3
2. The petitioner, who was arrested on 27.06.2022 in connection with Hatigaon P.S. Case No. 307/2022 under section 120B/489A/489E of the IPC is praying for regular bail under section 439 Cr.P.C.
3. The learned Addl. P.P. has produced the case diary and has opposed the prayer for bail.
4. This is a second bail application by the petitioner. The earlier bail application, being B.A. 1631/2022, was rejected by order dated 01.08.2022.
5. On a perusal of the case diary, it appears that there are incriminating materials in the case diary against the petitioner that he was caught red-handed while possessing (i) 28 numbers of fake Indian currency notes, (ii) fake identity card of NE Today 24X7 news portal, (iii) 9 (nine) numbers of ATM cards, and (iv) 3 mobile phones, for which the I.O. suspects that he is a member of a gang involved in this racket. Nonetheless, after arrest of the petitioner, there has been further progress of the investigation.
6. Hence, the Court is of the considered opinion that further custodial interrogation of the petitioner is not required. Therefore, considering that the petitioner has been under custody for 67 days, the Court is inclined to release the petitioner, namely, Habijul Islam on bail in connection with Hatigaon P.S. Case No. 307/2022 under section 120B/489A/489E of the IPC on furnishing bail bond of Rs.1,00,000/- (Rupees One lakh only) with two surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M), Guwahati, out of which one bailor should offer his immovable property as security for grant of bail.
7. The bail is granted on the following conditions:-
Page No.# 3/3
a) The petitioner shall make himself available to the police or any other investigating agency or Court in the present case as and when required.
b) 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 Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witness.
c) The petitioner shall not obstruct the smooth progress of the investigation/trial.
d) The petitioner shall not misuse his liberty in any manner.
e) The petitioner shall appear before the I/O within 15 (fifteen) days from the date of his release and he shall continue to appear once in every 30 (thirty) days till his appearance is dispensed with by the I/O or charge-sheet is filed, whichever is earlier.
8. This application stands disposed of.
9. Case diary is returned.
JUDGE Comparing Assistant