Fayaz Ahmed @ Foyaj Ahmed Laskar v. The State of Assam

ORDER

10.04.2024

Heard Mr. M. K. Hussain, learned counsel for the petitioner. Also heard Mr. M. P. Goswami, learned Addl. P.P, Assam appearing for the State respondent. Page No.# 2/3

¶2This is an application under Section 439 of the Cr.P.C. for granting bail to the petitioner, namely Fayaz Ahmed @ Foyaj Ahmed Laskar, who was arrested on 01.03.2024 in connection with Barama PS Case No. 145/2023 under Sections 420 of the IPC R/W Section 66(C)/66(D) of IT Act.

¶3The case of the prosecution is that an FIR was lodged on 14.12.2023 alleging interalia that on 10.12.2023 an amount of Rs.3,54,000/- (Rupees three lakhs fifty four thousand) was transferred from the informant's SBI account. Accordingly, a case was registered.

¶4Mr. M. K. Hussain, learned counsel for the petitioner submits that the petitioner is totally innocent and falsely implicated with the alleged offence. He further submits that the petitioner is languishing in jail for last 40 days.

¶5Mr. M.P. Goswami, learned Addl. P.P, on the other hand, strongly opposes the prayer for bail. He submits that there are materials collected by the Investigating Officer implicating the petitioner with the offence alleged. He further submits that there are materials to indicate that the petitioner is habitually involved in similar offences.

¶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. The money is yet to be recovered. It further appears that the petitioner is a habitual offender with the offence alleged. It further appears that there are adverse materials as regard the involvement of the petitioner. Page No.# 3/3

¶8Considering that the investigation is at a crucial stage, this court is of the considered view that further detention of the petitioner is essential to unearth the truth.

¶9Accordingly the bail application stands dismissed.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010064702024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./927/2024 FAYAZ AHMED @ FOYAJ AHMED LASKAR S/O ABDUL KHALIL LASKAR VILL- BOKULAGURI P.O. BARAPUTIA, P.S. KAMPUR DIST. NAGAON, ASSAM PIN-782428 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M K HUSSAIN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI