Abdur Rahman and 3 Ors v. The State of Assam

ORDER Date : 29-05-2024

Heard Mr. G. Chamuah, learned counsel for the petitioners.

¶2The petitioners namely 1. Abdur Rahman, 2. Sabiqul Islam, 3. Rajikul Islam and 4. Mofiqul Islam have filed this application under Section 438 of the Code of Criminal Procedure, 1973 (CrPC for short) with a prayer for pre-arrest bail as they are apprehending arrest in connection with Jagiroad Police Station Case

No.

61/2024

(GR

No.

303/2024)

under

Sections 120(B)/420/406/409/468/376/34 of the Indian Penal Code, 1860 (IPC for short).

¶3Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor, Assam Page No.# 3/3 for the respondent State.

¶4It is submitted on behalf of the petitioners that the petitioner No. 1 is the father of the petitioner Nos. 2 and 3 whereas the petitioner No. 4 is a vegetable vendor. It is also submitted that the petitioners have been falsely roped in connection with this case. The petitioners are innocent.

¶5The learned Additional Public Prosecutor, Assam has raised serious objection stating the petitioners representing a Non-Existent Bank have induced poor farmers to invest for procurement of loan. The victims have deposited money for procurement of loan but neither the money has been refunded nor the loan has been disbursed.

¶6I have considered the submissions at the bar with circumspection. I have also scrutinized the Case Diary.

¶7Indeed there are incriminating materials in the Case Diary against the petitioners. At this juncture, there appears to be no justified ground to extend the privilege of anticipatory bail to the petitioners.

¶8Petition stands rejected at this stage.

¶9In the above terms and observations, this Anticipatory Bail application stands disposed of.

¶10Send back the Case Diary. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010083612024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1097/2024o ABDURoRAHMANoANDo3oORS.o D/OoJAMALoUDDIN,o VILL.-oKAKARJALA,o P.S.-oJAGIROAD,o P.O.-oJHARGAON,o DIST.-oMORIGAON,oASSAM,oPIN-o782410. 2:oSABIQULoISLAM oS/OoABDURoRAHMAN o VILL.-oKAKARJALA o P.S.-oJAGIROAD o P.O.-oJHARGAON o DIST.-oMORIGAON oASSAM oPIN-o782410. 3:oRAJIKULoISLAM oS/OoABDURoRAHMAN o VILL.-oKAKARJALA o P.S.-oJAGIROAD o P.O.-oJHARGAON o DIST.-oMORIGAON oASSAM oPIN-o782410. 4:oMOFIQULoISLAM Page No.# 2/3 S/O FURKAN ULLAH VILL.- BECHAMARI P.O.- MORABARI P.S.- DHING DIST.- NAGAON ASSAM PIN- 782123 VERSUS THE STATE OF ASSAM TO BE REP. BY THE LEARNED P.P., ASSAM. Advocate for the Petitioner : MR G CHAMUAH Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND