Mustafizur Rahman @ Arif and 2 Ors v. The State of Assam

ORDER Date : 09.04.2024

Heard Mr. M.A. Sheikh, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned Additional Public Prosecutor appearing for the State.

¶2By filing this bail application made under Section 439 Cr.P.C., by the petitioners, namely, Mustafizur Rahman @ Arif, Md. Mustafizur Rahman and Md. Hujail Ahmed have prayed for bail in connection with Moirabari P.S.

Case

No.

18/2024, registered

under Section 120(B)/419/420/406/467/468/471/34 IPC r/w Section 66(C)/66(D) of I.T. Act.

¶3The background of the case is that on 23/01/2024 an FIR was lodged before the Superintendant of Police, Morigaon, alleging inter alia that the RUPAY credit card and other credit cards which allow linking of credit card to UPI transaction was introduced by the banks in the year 2023. The credit cards are virtual credit cards and no physical cards were issued by the Axis bank. Subsequently, some frauds were detected on impersonating as genuine customers applied for Axis cards by making fabricated pan cards. On the basis of the FIR, a case was registered vide Moirabari P.S. case no 18/2024.

¶4It is submitted by learned counsel for the petitioners that they are innocent and no way connected with the alleged offence. It is also submitted Page No.# 3/4 that the name of the petitioners are not mentioned in the FIR. It is also submitted that only Rs.60,000/- was recovered from the possession of the petitioner No. 2. The petitioner is No. 3 is suffering from various ailments and he was brought to S.T.H.G. Civil Hospital, Morigaon during the custodial detention. It is further submitted that the petitioners have been detained in custody since 07.02.2024. Considering the period of detention as well as the background of the case, the petitioners may be enlarged on bail.

¶5On the other hand, learned Additional Public Prosecutor has produced the case diary and submits that there are sufficient incriminating materials found in the case diary against the petitioners. The petitioners along with the other accused has impersonated the customer by fabricating Pancard and Aadhar. Considering the gravity of the offence, bail may not be granted to the petitioners.

¶6The allegation against the petitioners is that the accused/petitioners along with other accused took loan from several platform as well as Axis bank by making forged documents for their personal gain. However, considering the length of detention, bail is granted to the petitioners.

¶7Accordingly, the accused-petitioners, named above, shall be released on bail in connection with Moirabari P.S. Case No. 18/2024, registered under Section 120(B)/419/420/406/467/468/471/34 IPC r/w Section 66(C)/66(D) of I.T. Act, on furnishing bail bond of Rs.40,000/- each with a suitable surety each of the like amount to the satisfaction of learned CJM, Morigaon, Assam. The direction for bail is further subject to the conditions that the accused-Page No.# 4/4 petitioners:

(a) shall not leave the territorial jurisdiction of learned CJM, Morigaon, Assam, without prior written permission from him/her;

(b) 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 them from disclosing such facts to the Court or to any police officer.

¶8In terms of the above, this bail application stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010055072024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./770/2024o MUSTAFIZURoRAHMANo@oARIFoANDo2oORS.o S/OoANISURoRAHMANo R/OoVIL-oMOIRABRI,oWARDoNO.o09,o P.S.oMOIRABRIo DIST.oMORIGAON,oASSAMo PIN-782126 2:oMD.oMUSTAFIZURoRAHMAN oS/OoMD.oABDULoMAJIDo R/OoVILL-oMOIRABARIo P.S.oMOIRABARIo DIST.oMORIGAON oASSAMo PIN-782126 3:oMD.oHUJAILoAHMED oS/OoMD.oSHAFIoUDDINo R/OoVILL-oMOIRABRI oTOoMOIRABARIoROAD oSAHARIAoGAON o NEARoJAMEoMASJIDo DIST.oMORIGAON oASSAM oPIN-78212o VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoLD.oPP,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oMoAoSHEIKHo Page No.# 2/4 Advocate for the Respondent : BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI