Ashiqul Islam v. The State of Assam

ORDER Date : 29-01-2024

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

¶2The petitioner Ashiqul Islam has filed this application under 439 of the Code of Criminal Procedure, 1973 with prayer for bail in connection with Page No.# 2/3 Moirabari Police Station 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 have been behind bars since 13.12.2023.

¶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.

¶6The learned counsel for the petitioner has prayed for bail on the ground of parity as co-accused named in the FIR has already been enlarged on bail.

¶7Case diary is received. I have perused the case diary.

¶8I have considered the submissions at the Bar with circumspection. Investigation has progressed to a cosiderable extent. The petitioner is behind bars since 13.12.2023. It appears that further 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 and he is not a flight risk.

¶9Considering all aspects and in view of my foregoing discussions, petition is allowed. The petitioner is enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to Page No.# 3/3 the satisfaction of Eleka Magistrate under the conditions that: i. The petitioner shall cooperate with the investigation; ii. the petitioner shall not leave the jurisdiction of the Court without written permission till completion of the investigation; iii. the petitioner shall not tamper with the evidence or exercise threats to witnesses; and iv. the petitioner shall refrain from such activities with which he is alleged.

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

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

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010012842024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./204/2024 ASHIQUL ISLAM S/O HASEN ALI R/O VILL- TATIKATA PATHAR P.O. AN DP.S. MOIRABARI DIST. MORIGAON, ASSAM PIN-782126 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR A A DEWAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND