Md Rabbul Islam v. The State of Assam

ORDER Date : 12-01-2024

¶1Heard Mr. M. Ahmed, learned counsel on behalf of Ms. S. Ahmed, learned counsel for the petitioner Md. Rabbul Islam.

¶2The petitioner has filed this application under 439 of the Code of Criminal Procedure, 1973 with prayer for bail in connection with Moirabari Police Station Page No.# 2/3 Case

No.

247/2023

registered

under

Sections 120(B)/419/420/406/467/468/379/34 Indian Penal Code read with Section 66(c)/66(d) of I.T. Act. The petitioner has been behind bars since 22.10.2023.

¶3Heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the respondent State of Assam.

¶4The learned Additional Public Prosecutor has raised serious objection against the bail petition.

¶5The FIR unfolds that the petitioner along with the co-accused named in the FIR has been running an illegal racket by morphing the image of people from different locations across the country and fraudulently creating numerous identities in order to gain wrongful loans from different finance companies by using electronic devices such as mobile phones and other fake documents. The petitioner is involved in cyber crime.

¶6It is submitted by the learned Additional Public Prosecutor that there are incriminating materials in the case diary against the petitioner. The petitioner is alleged with serious offence of siphoning off of funds of innocent citizens. The other accused persons are yet to be arrested.

¶7I have perused the case diary. Indeed there are incriminating materials in the case diary against the present petitioner. The case diary reveals that investigation has also progressed to a certain extent. It appears that custodial detention for the progress of the investigation may not be required. The petitioner has pledged to cooperate with the remaining part of the investigation as well as with the trial. The petitioner is a local resident. The petitioner has also submitted that he will abide by any bail conditions if imposed upon him.

¶8Considering all aspects, petition is allowed. Page No.# 3/3

¶9The petitioner is enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction of Eleka Magistrate under the conditions that:

¶1The petitioner shall cooperate with the investigation.

¶2The petitioner shall not leave the jurisdiction of the Court without written permission till completion of the investigation.

¶3He shall not tamper with the evidence or exercise threats to witnesses.

¶4He shall refrain from such activities with which he is alleged.

¶5The petitioner shall appear before Investigating Officer after every fortnight till completion of investigation.

¶10On breach of any of the bail conditions, bail order shall stand cancelled.

¶11Send back the case diary. Bail Application stands disposed of in the above terms.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010002452024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./36/2024 MD RABBUL ISLAM S/O MD. AYUB ALI R/O VILL- GUNAIBARI, WARD NO. 7, P.O. AND P.S. MOIRABARI, DIST.MORIGAON, ASSAM, PIN-782126 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MS S AHMED Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND