Ahidur Rahman and Anr v. The State of Assam

ORDER Date : 29-11-2024 Heard Mr. M. Hoque, learned counsel for the petitioner Nos. 1. Ahidur Page No.# 2/3 Rahman and 2. Sabar Ali, who have filed this application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as they are behind bars since 12.10.2024 in connection with North Lakhimpur Police Station Case No. 309/2024 under Sections 61(2)/316(2)/318(4)/178/179/180 of Bharatiya Nyaya Sanhita, 2023.

¶2Heard Mr. R.R. Kaushik, learned Additional Public Prosecutor, Assam for the respondent State, who has raised objection stating that the petitioners are alleged with grave offence.

¶3The FIR unfolds that the petitioners tried to exchange fake Indian currency worth Rs.8,00,000/- (Rupees Eight Lacs) for cash of Rs.1,50,000/- (Rupees One Lac Fifty Thousand) from the informant.

¶4I have considered the submissions at the bar with circumspection. I have also scrutinized the Case Diary. There are incriminating materials in the Case Diary against the petitioners. However, I have considered the submission that the petitioners are willing to cooperate with the remaining part of investigation. Further custodial detention may not be required for progress of investigation.

¶5Considering all aspects, petition is allowed.

¶6The petitioners are enlarged on bail on furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand) each with a suitable surety of like amount to the satisfaction of jurisdictional Court/Eleka Magistrate under the conditions that :

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

(ii) the petitioners shall appear before the Investigating Officer on every Page No.# 3/3 fortnight till completion of investigation.

¶7On breach of any of the bail conditions, the Court is at liberty to immediately cancel the bail granted to the petitioners.

¶8In terms of above observation, this Bail Application stands disposed of.

¶9Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010241082024 2024:GAU-AS:11877 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3502/2024 AHIDUR RAHMAN AND ANR S/O MOJIBUR RAHMAN, R/O VILLAGE CHUKULIBHORIA, P.S. NORHTLAKHIMPUR, DISTRICT LAKHIMPUR, ASSAM 2: SABAR ALI S/O HAIDER ALI R/O VILLAGE CHUKULIBHORIA P.S. NORHTLAKHIMPUR DISTRICT LAKHIMPUR ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR M HOQUE, MS J BEGUM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND