Ruhul Amin v. The State of Assam

O R D E R

28.03.2024

¶1Heard Mr. N.N. Upadhyaya, learned counsel for the petitioner. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor, for the State respondent. Page No.# 2/3

¶2This is an application filed under Section 439 Cr.P.C. praying for granting regular bail to the petitioner, namely, Ruhul Amin, who are appending arrest, in connection with Chandmari P.S. Case No. 42 of 2024, registered under Section 120(B)/406/419/468/420 of the IPC.

¶3The case of the prosecution is that an FIR was lodged on 19.02.2024 alleging inter-alia that two accused persons, namely, Sakir Ahmed and Ruhul Amin had convinced the informant to make a payment of Rs. 65,000/- for purchase of a TVS NTorq Scooty. It is further alleged that along with the aforesaid two accused persons there are more accused involved, out of which one of them is the petitioner.

¶4Mr. N.N. Upadhyaya, learned counsel for the petitioner submits that the petitioner has been roped in unnecessarily. He further submits that the petitioner has no role to play in the offence alleged.

¶5Mr. D. P. Goswami, learned Addl. P.P. on the other hand strongly opposes the prayer for bail. He further submits that the investigation has substantially progressed and the statements of the witnesses have been recorded from where, it appears that the adverse materials collected at this stage are primarily against the main accused, who is Ashish Hussain.

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

¶7It appears that there are no adverse materials at this stage available against the petitioner. Considering the same, this Court is of the considered view that custodial interrogation may not be justified for the ongoing investigation.

¶8Accordingly, it is provided that the petitioner, named above, shall be released on bail in connection with the above noted case on furnishing bail Page No.# 3/3 bond of Rs.30,000/- (Rupees Thirty Thousand) only with one surety of like amount to the satisfaction of the learned CJM, Kamrup (M), at Guwahati.

¶9The bail granted to the petitioner shall be subject to the following conditions-

i) The petitioner shall co-operate with the investigation,

ii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case so as to dissuade such person from disclosing such facts to the Court or to any Police Officer; and

iii) The petitioner shall refrain from such activities with which he is alleged, failing which, bail orders shall stand cancelled.

¶10With the above observation, this bail application stands allowed.

¶11This disposes of the bail application. Send back the case diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010063782024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./905/2024 RUHUL AMIN S/O LATE A BDUL SHARIF R/O GANDHIBASTI, HOUSE NO. 29, NEAR GANDHIBASTI TINIALI, P.S. CHANDMARI, DIST. KAMRUP (METRO). VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S H SIKDAR Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI