Rakesh Kumar Prasad v. The State of Assam

ORDER

04.12.2024 Heard learned counsel, Mr M Khan, for the petitioner, Rakesh Kumar Prasad, who has filed this application under Section 482 of the BNSS, 2023, with prayer for pre-arrest bail, as he is apprehending arrest in connection with Bongaigaon PS Case No. 308/2024, registered under Sections 61 (2) (a)/319(2)/318(4)/308(2)/351(3) of the BNS, 2023. Page No.# 2/3

¶2Heard Mr K K Das, learned Additional Public Prosecutor, for the State respondent.

¶3Learned Additional Public Prosecutor has raised serious objection stating that there are incriminating materials in the Case Diary against the petitioner.

¶4The FIR unfolds that the informant received an information on 05.09.2024 from a reliable source that Muhamed Sarwar has been running a money lending syndicate in Bongaigaon PS area for the last 4/5 months and collecting money from the general public with high rate of interest and was extorting money in this manner by threatening the general public. An enquiry was conducted into the matter and it was found that Md Sarwar has been running a money lending business in the licence of Rahimuddin Khan, which is valid only up to 31.03.2025. This Rahimuddin Khan has remained untraceable for the last 10/12 years and his whereabouts are not known.

¶5It further alleged that the public were made to affix their signatures on blank papers and blank cheques. Moreover, the present petitioner and Md Zakaria have been engaged for collection of money from the field by extortion and by other means.

¶6Learned counsel for the petitioner has annexed the licence of Rahimuddin Khan, who has been allegedly missing for 10/12 years. A general Power of Attorney has been executed by Rahimuddin Khan in favour of Md Sarwar, which is marked as Annexure-3.

¶7It is submitted that Rahimuddin Khan is the Licence Holder with a Registration No. NS(ML) 5/2015-2016, dated 26.05.2015, issued by the Office of the Assistant Registrar of Co-operative Society, North Salmara, Abhayapuri, Assam. Page No.# 3/3

¶8Learned Additional Public Prosecutor submitted that Md Sarwar is a history sheeter and he has been facing trial in connection with Bongaigaon PS Case No. 89/2024, under Sections 120B/420/384 IPC.

¶9I have also scrutinized the Case Diary.

¶10Indeed, there are incriminating materials in the Case Diary, against the petitioner.

¶11Investigation is still at its nascent stage.

¶12At this stage, there appears to be no justified ground to extend the privilege of pre-arrest bail to the petitioner.

¶13Petition stands rejected at this stage of investigation.

¶14Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010230412024 2024:GAU-AS:12312 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2908/2024 RAKESH KUMAR PRASAD S/O LAGANDO PRASAD, R/O DOLAIGAON, P.S. AND DIST- BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M KHAN, MS J AKTAR,MR A K DAS Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND