Abdul Batin Choudhury v. The State of Assam

ORDER

26.02.2024

Heard Mr. A.K. Sharma, learned counsel for the applicant and Mr. P.S. Lahkar, learned Additional Public Prosecutor for the State respondent.

¶2Apprehending arrest in connection with the Murajhar P.S. Case No. 11/2024, under Sections 120(B)/419/468/471 of the IPC read with Section 14 of the Foreigners Act, this application under Section 438 of the Code of Page No.# 2/3 Criminal Procedure, 1973, is preferred by applicant namely, Abdul Batin Choudhury for grant of pre-arrest bail.

¶3The said case has been registered on the basis of one F.I.R., lodged by one SI (B) Isfakul Hoque, on 24.01.2024. The essence of allegations made in the FIR is that one Abdul Baten Choudhury of Shibpur No. 2, under Murajhar P.S., has harbored one Rina Aktar of Bangadeshi nationals and managed and obtained forged/manipulated documents, such as Adhaar Card; PAN Card; Birth Certificate; School Certificate; Bank Account; and Voter ID etc.

¶4Mr. Sharma, learned counsel for the applicant submits that the applicant is innocent and no way involved with the offence alleged in the FIR and that he is ready to cooperate with the investigating agency and therefore it is contended to allow the petition.

¶5On the other hand Mr. Lahkar, learned Additional Public Prosecutor by producing the case diary submits that the IO has collected sufficient incriminating materials against all the three applicants. Mr. Lahkar further submits that the investigation is still going on and that the offences are serious in nature and therefore, it is contended to dismiss the petition.

¶6Having heard the submission of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the Case Diary produced before this Court with the assistance of learned Additional Public Prosecutor.

¶7In view of the materials so far collected in the case diary, this Court is of the view that the custodial interrogation of the applicant is necessary in the interest of investigation. The way the applicant has committed the offence and the way he had managed Adhar Card and other documents to a foreigner from Page No.# 3/3 Bangladesh and the person involved in the said process required to be unearthed and for the same his custodial interrogation appears to be indispensible.

¶8Accordingly this Court is of the considered opinion that this is not a fit case where the privilege of pre-arrest bail can be extended to the applicant and therefore, the same is dismissed.

¶9Case diary be returned.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010026222024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/320/2024 ABDUL BATIN CHOUDHURY LATE ABDUL KHALIQUE RESIDENT OF 2 NO. SHIVPUR MOURAJHAR DISTRICT - HOJAI ASSAM. PHONE NUMBER 9957058955 VERSUS THE STATE OF ASSAM REPRESENTED BY PUBLIC PROSECUTOR. ------------ Advocate for : MR. SUPRATIM SARMAH Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN