Md. Rofiqul Islam and Anr v. The State of Assam

ORDER Date : 10.02.2023

Heard Mr. N. Uddin, learned counsel for the petitioners as well as Mr. M. P. Goswami, learned APP appearing for the State. Page No.# 2/3

¶2The petitioners, who were arrested on 18.12.2022 is seeking regular bail under section 439 Cr.P.C. in connection with Krishnai P.S. Case No. 115/2022 under sections 120(B)/379/511 of the IPC read with section 21 (a) of the NDPS Act.

¶3The learned APP has produced the case diary and opposed the prayer for bail.

¶4On a perusal of the case diary, it appears that the petitioners were trying to defraud the bank customer by changing his ATM card and when the victim screamed for help, the police came and in course of search, amongst others, suspected heroin, 27 nos. of ATM Cards, three mobile phones, some cash amount including Aadhar Card, PAN Card, Voter Card, etc. were recovered/found.

¶5Accordingly, there are sufficient incriminating against the petitioners of being involving in theft, fraud and peddling of narcotic drugs.

¶6It appears that the charge sheet has not been submitted till date.

¶7As the petitioner have spent 55 days in custody, considering the same the Court is inclined to grant bail to the petitioners, namely, (1) Rofiqul Islam, and (2) Sohil Alom Mollah in connection with Krishnai P.S. Case No. 115/2022 on furnishing bail bond of Rs.1,00,000/- each with two solvent sureties of like amount to the satisfaction of the learned Special Judge, Goalpara. Out of two bailors, one should offer his/her immovable property as security for grant of bail. The bail is granted on the following conditions:

¶1The petitioners shall make themselves available to the police or any other investigating agency or Court in the present case as and when Page No.# 3/3 required.

¶2The petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to Court or to any police officer or tamper with the evidence. They shall not, in any manner, try to overawe or influence or intimidate the prosecution witness.

¶3The petitioners shall not obstruct the smooth progress of the investigation/trial.

¶4The petitioners shall not misuse them liberty in any manner.

¶5The petitioners on being release on bail shall appear before the I/O within ten days and continue to appear before the I/O once in a month from today and she shall continue to appear till them appearance is dispensed with or charge-sheet is filed, whichever is earlier.

¶8In the event the I.O. finds that the petitioner is involved in any narcotic drug related offence, it would be open to him to approach the jurisdictional Court and apply for cancellation of bail.

¶9The case diary is returned.

¶10This application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010018572023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./362/2023 MD. ROFIQUL ISLAM AND ANR S/O- MD. GANJER ALI, VILL.- AMBARI, SALKATA, P.S. FAKIRGANJ, DIST. DHUBRI, ASSAM 2: SOHIL ALOM MOLLAH S/O- LATE ROMZAN ALI MOLLAH VILL.- JAGRAPARA PART-IV P.S. AND DIST. DHUBRI ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P. ASSAM Advocate for the Petitioner : MR. N UDDIN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA