Asif Ikbal Hussain v. The State of Assam

ORDER

10.05.2024

¶1Heard Mr. S.A. Ahmed, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor appearing for the state of Assam. Page No.# 2/4

¶2This application under Section 439 of the Code of Criminal Procedure, 1973 has been filed by the petitioner, namely, Asif Ikbal Hussain, who has been detained behind the bars, since

17.03.2024(for last 54 days), in connection with Pathsala P.S. Case No. 28/2024 under Section 379/420/34 of the Indian Penal Code.

¶3The gist of accusation in this case is that on 17th March, 2024, one Lakheswar Talukdar had lodged an FIR before the Officer-In-Charge of Pathsala Police Station, inter alia, alleging that on 14th March, 2024 while the first informant was withdrawing money from an ATM situated at Pathsala, two unknown persons were standing behind him and when he withdrew Rs. 9,000/- on two occasions of the said ATM, some message was shown on the screen of the ATM and the person standing behind the informant asked the informant to enter the ATM card, again.

¶4It is also alleged in the FIR that the second person standing in the ATM booth started typing the numbers on the screen of the ATM monitor and told the informant that the ATM machine is not working and offered the first informant to show him as to how to insert the ATM card and when the informant handed over his ATM card and accordingly, the informant handed over the ATM card to that person. Later on, the informant came to know that a total 51,000/- was withdrawn from his SBI account.

¶5On receipt of the said FIR, Pathsala P.S. Case No.28/2024 was registered.

¶6The learned counsel for the petitioner has submitted that the Page No.# 3/4 petitioner has been detained behind the bars since last 54 days.

¶7The learned counsel for the petitioner has submitted that the petitioner is in no way involved in the offence alleged in the FIR and he has been detained behind the bars for last 54 days without any fault of his.

¶8The learned counsel for the petitioner has also submitted that in the meanwhile, this Court has granted bail to two other co-accused persons, namely, 1. Md. Sahil Ahmed and 2. Md. Nuruddin Khan, by order dated 19.04.2024, passed in Bail Application No. 975/2024. In view of the period of detention already undergone by the present petitioner, the learned counsel for the petitioner has prayed for his bail.

¶9On the other hand, learned Additional Public Prosecutor has vehemently opposed the grant of bail to the present petitioner on the ground that several such incident of duping innocent ATM users have been reported in Pathsala area and release of the petitioner would only give indulgence to such offenders, who have been duping innocent citizens.

¶10I have considered the submissions made by the learned counsel for both the sides and have perused the materials available on records. In this case, the petitioner has not been named in the FIR and the offence for which he has been charged in the case has prescribed punishment for less than seven years. It also appears that in the meanwhile, two of the co-accused has already been released on bail. Page No.# 4/4

¶11In view of the progress made in the investigation as well as the period of detention already undergone by the present petitioner, his further custodial detention does not appear to be necessary, if he co-operates with the Investigating Officer.

¶12In view of above, the petitioner, namely Asif Ikbal Hussain, is hereby allowed to go on bail of Rs. 30,000/- with a suitable surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Bajali with following conditions that:- i. the petitioner shall appear before the Investigating Officer of Pathsala P.S. Case No.28/2024 once in every week for next four weeks in addition to appearing before the Investigating Officer as and when so required within the said period for the sake of proper investigation of the case; and ii. petitioner shall not directly or indirectly make any inducement, threat, or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts before the trial court in the trial pending against the present petitioner.

¶13With the above observations, this bail application is hereby disposed of.

¶14Send back the case diary.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010070342024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1013/2024 ASIF IKBAL HUSSAIN S/O NURUL HAQUE R/O VILL- PITADIPAM P.S. SARTHEBARI DIST. BARPETA, ASSAM PIN- 781352 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S A AHMED Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA