Md. Saifuddin Suja v. The State of Assam

ORDER

24.04.2024

Heard Mr. M. H. Ahmed, learned counsel for the petitioner in Bail Appln./911/2024 and Mr. K. Thakur, learned counsel for the petitioner in Bail Appln./986/2024. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for Page No.# 2/3 the State of Assam. These two bail applications are taken up together for final disposal. Both applications are made under Section 439 Cr. P.C. seeking bail by the accused/petitioners, namely, Md. Saifuddin Suja (in Bail Appln/911/2024) and Sri Debraj Karmakar (in Bail Appln./986/2024), who were arrested on

15.03.2024 in connection with Chandmari P.S. Case No. 60/2024 registered under Sections 120(B)/420/489(A)/489(D)/511 of IPC. The petitioners namely Sri Debraj Karmakar and Md. Saifuddin Suja were tenant under one Junmoni Saikia. The investigating officer on suspicion, search the tenanted premises and recovered suspected fake Indian currency note amounting to Rs. 50,000/- of Rs. 500/- denomination. Along with the aforesaid cash, certain other materials were also recovered and they were arrested on 15.03.2024 and since then, they are behind the bar. Case diary called for has been received and also perused the same. The material so far collected suggests that the accused Md. Saifuddin Suja is one of the kingpin of an alleged racket of fake Indian currency note. The material so far collected further suggest that the petitioner Debraj Karmakar though is aware of such fact and involved in the racket, however, his role was to the extent of luring clients as he earlier worked in a Hotel as Manager. Considering the material so far collected, this Court is of the opinion that further interrogation of accused Md. Saifuddin Suja may be necessary more particularly to unearth the other persons who are involved in commission of the offence. However, so far it relates to Sri Debraj Karmakar, this Court is of the opinion that his further custodial detention may not be necessary for the purpose of investigation. In view of the aforesaid reasons, the prayer for bail of the petitioner namely Md. Page No.# 3/3 Saifuddin Suja in Bail Appln/911/2024 stands rejected and the prayer for bail of the petitioner namely, Sri Debraj Karmakar in Bail Appln/986/2024 is allowed. Accordingly, it is directed that the petitioner, namely, Sri Debraj Karmakar in Bail Appln/986/2024, be released on bail in connection with the case aforementioned, on his furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one surety in the like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (Metro), with the following conditions.

(a) Shall not leave the territorial jurisdiction of learned Chief Judicial Magistrate, Kamrup (Metro), without prior written permission from him/her;

(b) Shall not hamper with the investigation of the case and tamper with the evidence of the case;

(c) 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 the Court or to any police office. In terms of the above, these bail applications stands disposed of. Returned back the case dairy. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010063082024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./911/2024 MD. SAIFUDDIN SUJA S/O MD. ABDUL SAMAD VILL- FATEHPUR, P.O. KUTUBPUR P.S. BIHPURIA DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR M H AHMED Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY