Md. Shwaijuddin Ali v. The State of Assam

ORDER

10.04.2024

Heard Mr. M. A. Islam, learned counsel for the petitioner. Also heard Mr. M. P. Goswami, learned Addl. P.P, Assam appearing for the State respondent.

¶2This is an application under Section 439 of the Cr.P.C. for granting bail to the petitioner, namely Md. Shwaijuddin Ali, who was arrested on 23.02.2024 in connection with Merapani PS Case No. 4/2024 under Sections 120(B)/409/420/468 of the IPC R/W Section 66(D) of IT Act. Page No.# 2/3

¶3The case of the prosecution is that an FIR was lodged on 22.02.2024 alleging interalia that a company, named, Lucky Bandhan Nidhi Limited is collecting money from the poor and simple people in greater Mirapani sub-division area by using forged passbooks and seal in the name of the said company. It is the further case of the prosecution that the accused petitioner introduced himself as Chairman of the said company and collected money from more than 400 persons with the promise to give loan and pucca house. Accordingly, a case has been registered

¶4Mr. M. A. Islam, learned counsel for the petitioner submits that the petitioner is totally innocent and has no role to play with the offence alleged.

¶5Mr. M.P. Goswami, learned Addl. P.P, on the other hand, strongly opposes the prayer for bail. He submits that there are sufficient materials on record indicating that the petitioner is playing a very active role in collecting money from the people in the name of Lucky Bandhan Nidhi Limited. He further submits that the due from the public is yet to be recovered.

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

¶7It appears that the investigation is at an active stage. It further appears that the material collected by the Investigating Officer implicates the petitioner with the offence alleged. It further appears from the statement of the witnesses recorded by the Investigating Officer, that there are sufficient materials against the petitioner.

¶8Considering that the investigation is at a crucial stage, this court is of the Page No.# 3/3 considered view that at this stage, further detention of the petitioner is essential to unearth the truth.

¶9Accordingly the bail application stands dismissed.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010062462024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./910/2024 MD. SHWAIJUDDIN ALI S/O LATE CHOHARAB ALI R/O - KORAIBEEL, KORAIBARI, P.S - BOKO, DIST - KAMRUP, ASSAM. VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR M A ISLAM Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI