Paran Ali and Anr v. The State of Assam

ORDER 04-12-2024 Heard Mr. M. I. Hussain, learned counsel for the petitioners and Ms. N. Das, learned Additional Public Prosecutor, Assam for the State.

¶2Apprehending their arrest, the petitioners, namely, (1) Paran Ali, son of Jamaluddin, resident of Village-No.2, Dakhin Rangapani, P.S.-Boko and (2) Ashraful Islam, son of Habibar Rahman, resident of Village-Tupamari, P.S.-Nagarbera, District-Kamrup have filed this application under Section 482 BNS seeking pre-arrest bail in Boko P.S. Case No. 386/2024 corresponding

to

G.R

No.

450(K)/2024

registered

under

Sections 61(2)/336(3)/340(2)/319(3)/318(4) of BNS, read with Section 66 of the IT Act.

¶3Matter relates to commission of alleged financial fraud by the petitioners by collecting huge amount of money in the bank account from some other persons assuring them of huge profit. For such purpose and for wrongful gain, the petitioners uploaded the account details in their Telegram App Group to facilitate the antisocial persons for defrauding innocent persons and thereby the petitioners allegedly committed fraud and wrongfully gained huge amount of money from various investors/depositors.

¶4During the course of enquiry, 4 mobile handsets of the petitioners have been recovered and those were seized by police.

¶5The said information submitted by the In-Charge of Sontoli Outpost was registered as Boko P.S. Case No. 386/2024 corresponding to G.R No. 450(K)/2024 registered under Sections 61(2)/336(3)/340(2)/319(3) /318(4) of BNS, read with Section 66 of the IT Act.

¶6By order dated 08.10.2024, the Court granted interim bail to the petitioner, named above, in said Boko P.S. Case No. 386/2024 and the concerned Investigating Officer of the case has recorded their statements.

¶7From the case diary placed before the Court today, It is seen that investigation is still going on and further information regarding such collection of money in the bank accounts are Page No.# 3/3 yet to be known.

¶8From the case diary, it is also seen that the petitioners are co-operating with the investigation of said Boko P.S. Case No. 386/2024.

¶9In view of the above, the interim pre-arrest bail granted to the petitioners on

08.10.2024 in said Boko P.S. Case No. 386/2024 corresponding to G.R No. 450(K)/2024 registered under Sections 61(2)/336(3)/340(2)/319(3)/ 318(4) of BNS, read with Section 66 of the IT Act, is hereby made absolute, subject to the compliance of the terms and conditions as specified in the order dated 08.10.2024 and on compliance of the following conditions that the petitioners – (i) shall appear before the concerned Investigating Officer of said Boko P.S. Case No. 386/2024 on every Money during the office hours for the next 2 (two) English Calendar Months, commencing from 16.12.2024 or till the date of filing of the Charge-Sheet in said Boko P.S. Case No. 386/2024, whichever is earlier.

¶10Any violation of the aforesaid terms and conditions as well as the terms and conditions as specified in the order dated 08.10.2024, noted above, by the petitioners, named above, the pre-arrest bail granted to them in the aforementioned Boko P.S. Case No. 386/2024 shall stand automatically vacated.

¶11This pre-arrest bail application accordingly stands disposed of.

¶12Return the case diary herewith.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010216102024 ooooooo 2024:GAU-AS:12262 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/2753/2024o PARANoALIoANDoANRo S/OoJAMALUDDIN,oVILL-oNO.o2oDAKHINoRANGAPANI,oP.S.-BOKO,oDIST-o KAMRUPo(ASSAM) 2:oASHRAFULoISLAM oS/OoHABIBARoRAHMAN oVILL-oNO.o2oTUPAMARI oP.S.-NAGARBERA oDIST-oKAMRUP oASSAo VERSUSo THEoSTATEoOFoASSAMo REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oPoJoSAIKIA,oSR.oADV,oN.oUDDIN,MS.oPoAHMED,MR.oMoIo HUSSAINo AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK