Lutfur Rahman Chowdhury and 2 Ors v. The State of Assam

ORDER Date : 18-11-2024 Heard Mr. S. Nawaz, learned counsel for the petitioner Nos. 1. Lutfur Rahman Chowdhury, 2. Abdul Khaleque Barbhuyan and 3. Amjad Hussain Laskar @ Amzad, who have filed this application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS for short) with prayer for bail as they are behind bars since 24.09.2024 and 27.09.2024 respectively, in connection with Hojai

Police

Station

Case

No.

286/2024

under

Sections 61(2)/316(2)/318(4)/336(3) of the Bharatiya Nyaya Sanhita, 2023.

¶2Heard Ms. N. Das, learned Additional Public Prosecutor, Assam for the respondent State.

¶3The allegation against the petitioners is that they being employees of an NGO have induced some students to pay consideration amounting to Rs.20,000-Rs.30,000/- each in lieu of procuring employment.

¶4Learned Additional Public Prosecutor has raised serious objection stating that there are incriminating materials in the Case Diary.

¶5It is submitted on behalf of the petitioners that they have been behind bars for 52/55 days. One accused is yet to be arrested which indicates that investigation is unlikely to be concluded soon.

¶6I have considered the submissions at the bar with circumspection. I have also scrutinized the Case Diary. Indeed there are incriminating materials in the Case Diary against the petitioners. However, I have considered the submissions that the petitioners have been behind bars for 55 days and the petitioners are Page No.# 3/3 willing to cooperate with the remaining part of investigation. I have also considered the submissions that the petitioners are local residents and they are not flight risks. The petitioners are willing to abide by any stringent bail conditions if imposed upon them.

¶7Considering all aspects, petition is allowed. Petitioners are enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) each with a suitable surety of like amount to the satisfaction of learned Chief Judicial Magistrate, Hojai under the conditions that :

(i) the petitioners shall appear before the Investigating Officer on every fortnight till completion of investigation,

(ii) the petitioners shall cooperate with the remaining part of investigation,

(iii) the petitioners shall refrain from such activities with which they are alleged and,

(iv) the petitioners shall not leave the jurisdiction of the Court without prior permission.

¶8On breach of any of the bail conditions, bail order shall automatically stand cancelled.

¶9In terms of above observation, this Bail Application stands disposed of.

¶10Send back the Case Diary.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010224332024 ooooooo 2024:GAU-AS:11169 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./3282/2024ooooooooo LUTFURoRAHMANoCHOWDHURYoANDo2oORS.o S/OoLATEoFOIZURoRAHMANo CHOWDHURY,o R/OoVIL-oSAMARALIoTUPoGAON,o CHOWDHURYoBAZAR,oP.S.oMURAJHAR,oDIST.oHOJAI,oASSAM 2:oABDULoKHALEQUEoBARBHUYAN oS/OoLATEoMAYUBoALIoBARBHUYANo R/OoALGAPURoPART-2 o P.S.oALGAPUR oDIST.oHAILAKANDI oASSAM 3:oAMJADoHUSSAINoLASKARo@oAMZAD oS/OoGIASoUDDINoLASKARo R/OoVILL-oNITAINAGARoPART-o2 oP.S.oHAILAKANDI oDIST.oHAILAKANDI oASSAo VERSUSo THEoSTATEoOFoASSAMo TOoBEoREPoBYoTHEoLEARNEDoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMRoSARFRAZoNAWAZ,oSAMIMoRAHMAN,MRoSoAo BARBHUYAN,MR.oSURAJIToDAS,MRoAoWoAMANo AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND