Mabarak Ali Ahmed @ Mobarak Ali Ahmed v. The State of Assam

ORDER Date : 30-01-2024

¶1Heard Mr. A.K. Bhuyan, learned counsel for the petitioner.

¶2The petitioner, namely, Mabarak Ali Ahmed @ Mobarak Ali Ahmed has filed this application under Section 439 Cr.PC with prayer for bail as he is behind bars since 01.12.2023 in connection with Bharalumukh Police Station Case No. Page No.# 2/4 353/2023 registered u/s 120(B)/395/412 of the Indian Penal Code r/w Section 25(I-A) of the Arms Act.

¶3Heard Mr. R.R. Kaushik, learned Addl. P.P., Assam.

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

¶5The FIR unfolds that a team led by SI Mobarak Ali and SI(P) Anurag Bora of Bharalumukh PS assisted by some civilians, namely, Khairul Hoque, Biki Ali, Sarif Tarwar and Sonu Ali conducted a raid in the rented house of Sunu Sharma on 21.11.2023 at about 9 PM where cash money of Rs. 1,69,70,000/- was recovered from two persons, namely Debkaran Sen and Manoj Kumar, both from Rajasthan. This cash was handed over to the Income Tax Department following due procedure, but from confidential sources, it was learnt that the police personnel and civilians, named above looted a bag containing huge amount of cash from the place of occurrence by assaulting and threatening and using the service weapons to threaten Debkaran Sen and Manoj Kumar. The team conducting the raid retained the cash and disclosed only a lesser amount to the government officials. This was reported to the complainant by Nazmul Khan @ Little Khan and an enquiry commenced and it was unearthed that Khairul Hoque confessed about his involvement in looting the money along with the police personnel, namely, SI Mobarak Ali and SI (P) Anurag Bora. One reporter namely, Taufique Ahmed along with other civilians criminally conspired and planned to conduct the raid in the rented room where the money was stored. On

21.11.2023, at about 9 PM the miscreants led by the police personnel in the garb of conducting a search operation took away one bag filled with cash and they also assaulted both Debkaran Sen and Manoj Kumar and threatened them by brandishing their service weapons. Page No.# 3/4

¶6During investigation, cash of Rs. 7,30,000/- was recovered from the house of Khairul Hoque. On being led by SI Mubarak Ahmed an amount of Rs. 17,50,000/- was recovered from the house of Rasiye Begum which was kept concealed by SI Mobarak Ali Ahmed, cash of Rs.9 lacs was recovered from the possession of Nazmul Khan @ Little Khan, cash of Rs. 4 lacs was recovered from Toufique Ahmed and Sarif Tanwar confessed that he has received an amount of Rs. 7.5 lacs, but this amount was yet to be recovered. Anurag Bora also admitted that he received an amount of Rs. 5 lacs. This amount was received during investigation from his aunt's house. A total of Rs. 70 lacs was looted from Debkaran Sen and Manoj Kumar.

¶7It is submitted on behalf of the petitioner that petitioner is the sole bread winner of his family.

¶8The learned Addl. PP. has raised serious objection against the bail petition. It is submitted that there are incriminating materials in the Case Diary against the petitioner. It is also submitted by the learned Additional Public Prosecutor that he is the kingpin. Two miscreants are absconding and they are yet to be arrested and he has raised serious objection.

¶9I have scrutinized the Case Diary. I have considered the submission that the petitioner is behind bars since 01.12.2023. I have considered the progress of investigation. It appears that further custodial detention for progress of investigation may not be required. I have also perused the Case Diary. The Case Diary reveals that investigation has progressed to a considerable extent. Most of the cash looted in connection with this case have been recovered.

¶10The petitioner has prayed for bail on the ground of parity as his co-accused have been granted bail vide order dated 05.01.2024 in connection with Page No.# 4/4 Bail Application No. 4480/2023.

¶11Considering all aspects and in view of my foregoing discussions, petition is allowed. The petitioner is enlarged on bail of Rs. 50,000/- with a suitable surety of like amount to the satisfaction of the learned CJM, Kamrup (M) under the conditions that:- i. The petitioner shall refrain from such activities with which he is alleged; and ii. The petitioner shall not leave the jurisdiction of the Court without prior permission till completion of trial. On breach of any of the bail conditions, bail order shall stand cancelled. Bail Application stands disposed of in the above terms. Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010006642024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./146/2024 MABARAK ALI AHMED @ MOBARAK ALI AHMED S/O LATE TAFAT ALI R/O NOTBOMA PANCHALI NEAR PANCHALI MASJID, P.S. HATIGAON, GUWAHATI, PIN-7881038, KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. A K BHUYAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND