Md. Gulzar Hussain v. The State of Assam

O R D E R

09.04.2024.

Heard Mr. B. Chowdhury, learned counsel for the petitioner. Also heard Mr. D. Das, learned Addl. Public Prosecutor, Assam for the State respondent.

¶2This is an application under Section 439 of the Cr.P.C., for granting regular bail to the petitioners, namely, (1) Md. Gulzar Hussain, (2) Md. Toybur Rahman and (3) Md. Abdul Alom who have been arrested on 15.02.2024, in connection with the Bihpuria P.S. Case No.11/2024, registered under Sections 120(B)/406/420/ 489(B)/489(C) of the IPC.

¶3The case of the prosecution is that on 22.01.2024, an FIR was lodged stating inter alia that upon receipt of information from a reliable source that one boy and a lady were carrying some materials suspected to be fake gold, a Police party headed to the spot and after searching, some small pieces of suspected to be gold were recovered from one Md. Ansarul Islam which was carried inside his shoe and on search, a gold colour boat shaped metal piece suspected to be fake gold was recovered from one Mustt. Anjuma Begum. It is the further case of the prosecution that on further interrogation, they stated that one Moinul Hoque and Md. Roshidul Islam were with them and also some other gang members who are running the racket of fake gold is connected with the offence alleged.

¶4Mr. B. Chowdhury, learned counsel for the petitioners submits that the Page No.# 3/4 petitioners have been wrongly implicated in the offence alleged. He further submits that the petitioners have been languishing in the jail since last 55 days.

¶5Mr. D. Das, learned Addl. P.P., Assam on the other hand strongly opposes the prayer for bail. He submits that the case diary reveals that there are adverse materials as regards the petitioners in relation to the offence alleged.

¶6I have heard the submissions made at the Bar and have perused the materials available on record.

¶7It appears that the investigation has substantially progressed. It further appears that the petitioners were last interrogated on 15.02.2024 and thereafter they have not been interrogated. It further appears that the petitioners have been languishing in the jail since last 55 days.

¶8Considering the length of detention and other circumstances of the case, this Court is of the considered view that further detention of the petitioners may not be justified for the ongoing investigation.

¶9Accordingly, it is provided that the petitioners, named above, shall be released on bail in connection with the above noted case on furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousands) only with one surety of like amount, for each of them, to the satisfaction of the learned CJM, Lakhimpur at North Lakhimpur.

¶10The bail granted to the petitioners shall be subject to the following conditions-

i) The petitioners will co-operate with the investigation,

ii) The petitioners will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case so Page No.# 4/4 as to dissuade such person from disclosing such facts to the Court or to any Police Officer; and

iii) The petitioners will refrain from such activities with which they are alleged, failing which, bail orders shall stand cancelled.

¶11With the above observation, this bail application stands allowed and disposed of.

¶12Send back the case diary forthwith.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010063752024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:ooBailoAppln./581/2024 o MD.oGULZARoHUSSAIN S/OoMD.oABDULoHAIo RESIDENToOFoVILLAGEoMOHGULIoBORGULA oPSoNORTHoLAKHIMPUR oDISToLAKHIMPUR oASSAM 2:oMD.oTOYBURoRAHMAN S/OoMUZZMELo RESIDENToOFoVILLAGEoNO.o2 oSONAPUR oPSoBIHPURIA oDISToLAKHIMPUR oASSAM o3:oMD.oABDULoALOM S/OoMD.oKUBEDoALIo RESIDENToOFoVILLAGEoNO.o2 oSONAPUR oPSoBIHPURIA oDISToLAKHIMPUR oASSAM oVERSUS THEoSTATEoOFoASSAM REP.oBYoTHEoPP oASSAM o------------ oAdvocateoforo:oMR.oBoCHOWDHURY Advocateoforo:oPP Page No.# 2/4 ASSAM appearing for THE STATE OF ASSAM BEFORE HON'BLE MR. JUSTICE KAUSHIK GOSWAMI