Md. Rana Rahman v. The State of Assam

ORDER

20.05.2024

Heard Mr. S. N. Tamuli, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State. By this Application under Section 438 of the Cr.P.C., the petitioner namely, Md. Rana Rahman is seeking pre-arrest bail in connection with the Demow P.S. Case No. Page No.# 2/3 04/2024 corresponding to G.R. Case No. 41/2024 registered under Sections 120(B)/406/420/387/506 of IPC read with Section 7C(1)/7C(2) of Assam Money Laundering Act-1968. The basic allegation leveled in the FIR is that the petitioner involved in illegal money laundering business. The case diary as called for has been received and perused the same including the statement of the witnesses. From the perusal of the material available on record, it is seen that a case under Sections 7(1) and or 7(2) of Assam Money Laundering Act-1968 has prima facie been made out, however, such offences are bailable at the first instance and there is no material in the present case regarding any earlier allegation of commission of such offence. So far relating to the other allegations, no sufficient materials are available for custodial interrogation of the petitioner inasmuch as the persons who had allegedly taken loan from the informant, had not made any statement alleging cheating or extortion. Considering the above, this Court is of the view that the custodial interrogation of the present petitioner may not be necessary for further investigation. Accordingly, it is hereby provided that, in the event of arrest, the petitioner, namely, Md. Rana Rahman shall be allowed to go on bail on furnishing a bond of Rs. 20,000/- with one local surety of like amount to the satisfaction of the arresting authority. The bail is granted on the following conditions:

(1) The petitioner shall appear before the Officer-in-Charge, Demow Police Station within 10 (ten) days from today to get his statement recorded, Page No.# 3/3

(2) The petitioner shall not hamper with the investigation, or tamper with the evidence of the case,

(3) The petitioner 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 officer. This bail application is disposed of. Return back the case diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010065482024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/816/2024 MD. RANA RAHMAN S/O LATE HORU RAHMAN R/O VILLAGE KOIBATRA DOLANI (BOKULDUBA), P.O. AND P.S.- SIVASAGAR, DIST. SIVASAGAR, ASSAM, PIN-785640 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. S N TAMULI Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY