Ruful Amin v. The State of Assam

ORDER Date : 09-04-2024 Heard Mr. I. A. Hazarika, learned counsel for the petitioner Ruful Amin.

¶2The petitioner has filed this application under Section 438 of the Code of Criminal Procedure, 1973 (CrPC for short) with prayer for pre-arrest bail as he is apprehending arrest in connection with Moirabari Police Station Case No. 38/2024 registered under Sections 419/420/467/468/406/409/34 of the Indian Page No.# 2/3 Penal Code, 1860 (IPC for short).

¶3Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the respondent State.

¶4The allegation against the petitioner is that with an income of more than Rs.1,00,000/- (Rupees One Lac) the petitioner has procured rations cards for his wife/Rumena Begum, sister-in-law/Rubina Yasmin, brother-in-law/Latiful Hawa, Nafisa Hoque Choudhury/nephew and mother/Samsun Nahar.

¶5The learned Additional Public Prosecutor has raised objection against the bail prayer stating that the case is in its nascent stage of investigation, and the petitioner is not cooperating with the investigation. There are incriminating materials against the petitioner that the ration cards were fraudulently obtained while he was the Secretary of M/S Lochanabori GPSS Ltd.

¶6I have also perused the Case Diary. Indeed there are incriminating materials against the petitioner.

¶7However, the petitioner has submitted that he will appear before the Investigating Officer and he will cooperate with the investigation. I have also considered the submissions that the rations cards have already been cancelled by an order dated 15.03.2024 passed by the Assistant Director, Food Public Distribution Consumer Affairs, Morigaon being No. MSA.31/2024/17.

¶8It is submitted that the petitioner being a government employee, if arrested, will be terminated from service and he is the sole breadwinner of his family.

¶9Considering all aspects, petition is allowed.

¶10In the event of his arrest, the petitioner shall be enlarged on bail on Page No.# 3/3 furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the arresting authority under the condition that:

(i) The petitioner shall cooperate with the investigation and appear before the Investigating Officer within one week.

(ii) The petitioner shall refrain from such activities with which he is alleged.

(ii) The petitioner shall not influence any witness.

¶11On breach of any of the bail conditions, bail order shall stand cancelled. Send back the Case Diary. Anticipatory Bail application stands disposed of in the above terms.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010064642024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/809/2024 RUFUL AMIN S/O ABDUL KADDUS, VILL- DURABANDHIBILL, P.S.-MOIRABARI, DIST- MORIGAON, ASSAM, PIN-782126 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : P. GHOSH Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND