Gauhati High Court
Muslimuddin Hoque @ Moslem Ali vs The State Of Assam on 10 August, 2021
Author: Ajit Borthakur
Bench: Ajit Borthakur
Page No.# 1/3
GAHC010104422021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1614/2021
MUSLIMUDDIN HOQUE @ MOSLEM ALI
S/O BOKSER ALI
R/O VILL- BALADOBA PART-II, P.S. AND DIST. DHUBRI, ASSAM
VERSUS
THE STATE OF ASSAM
REP. BY PP, ASSAM
Advocate for the Petitioner : MR. A RAHMAN
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 10.08.2021 Hearing held through virtual mode.
Heard Mr. A. Rahman, learned counsel for the accused petitioners as well as Mr. K. K. Parasar, learned Addl. P.P. for the State respondent. By this petition under Section 439 Cr.P.C., the accused-petitioner, namely Muslimuddin Hoque @ Moslem Ali has prayed for grant of bail in connection with Dhubri P.S. Case Page No.# 2/3 No. 917/2021 under Sections 120 (B)/489-A/489-B/489-C of the IPC. Case diary, as called for, is received.
Mr. A. Rahman, learned counsel for the accused petitioner, submits that the accused has been in judicial custody for 62 days on false accusation of having possessed fake Indian currency notes and that no such currency notes was recovered from his possession. Opposing the bail opposition Mr. K. K. Parasar, learned Addl. Public Prosecutor, submits that the case diary reveals that the seizure memo clearly shows recovery of fake Indian currency notes amounting to Rs. 2 Lacs and INR 3,100/- out of possession of the present accused and another from a place at Indo-Bangla border. The FSL report reveals that the aforesaid seized currency notes are fake notes.
The brief fact of the case is that on 07.06.2021 one Sh N. L. Baite (AC) Coy Commander 'A' Coy BOP-Tistapara 67 BN BSF, lodged an FIR at the Dhubri Police Station alleging, inter-alia, that on that day, at about 7.00 am, on the basis of information regarding crossing FICN from Bangladesh to India near B.P. No. 1030/3S, the informant along with his team laid ambush and at around 10.00 am apprehended two Indian Citizens including the petitioner with FICN 2,00,000/- (Two Lacs) and INR 3,100/- (Three Thousand & One Hundred) along with wallet and accordingly, seized the same, wherein both the accused stated that they acquired the said FICN with a view to exchange to INR for the racket.
The case diary reveals prima facie sufficient incriminating material in support of the prosecution allegation and the investigation is yet to be completed. Therefore, this Court finds that if the liberty of bail is granted to the accused the ongoing investigations involving multiple aspects may likely to be hindered.
Page No.# 3/3 Accordingly, the bail application stands rejected. Return the case diary.
This disposes of the bail application.
JUDGE Comparing Assistant