Azaharul Islam @ Ajaharul Islam v. The State of Assam

ORDER Date : 10.05.2024 Heard Mr. N. Hasan, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Addl. P.P., Assam for the State respondent. This is an application under Section 439 of the Cr.P.C. for granting bail to the petitioner, namely, Azaharul Islam @ Ajaharul Islam who is in custody since 14.04.2024 in Connection with Bihpuria P.S. Case No. 48/2024 (Corresponding to G.R. Case No. 175/24) registered under Sections 120(B)/406/420/34 of the IPC with added Sections 489-B/489-C of the IPC. It is submitted by the learned counsel for the petitioner Mr. N. Hasan that the petitioner is no way involved with the alleged offence. Initially the case was registered under Section 120(B)/406/420/34 Page No.# 2/2 with the allegation of recovery of some fake gold boat from the possession of the co-accused which were brought to be given to the accused petitioner who deals with the business of fake gold. Subsequently, Section Sections 489-B/ 489-C of the IPC was added. However, no victim has been identified by the Investigating Officer who has been cheated by the present accused petitioner selling fake currency note to frame charge under Section 489-B/489-C of the IPC. Mr. Hasan further submitted that no fake currency note has been recovered from the possessions of the petitioner. Accordingly, it is submitted that further custodial interrogation of the accused petitioner is not at all necessary. Mr. Hasan further submitted that the accused petitioner is in custody since last

14.04.2024 and considering the length of detention the petitioner may be enlarged on bail. In this context Mr. P. Borthakur, the learned Addl. P.P. has submitted that there are sufficient incriminating materials against the present petitioner and from the materials against the present petitioner it can be presumed that he is directly involved with the alleged business of selling fake gold and during the investigation police also recovered some photographs from his mobile phone of various fake gold articles etc. It is also stated that the accused petitioner has been arrest on 14.04.2024 and thus his further custodial interrogation may be necessary for the purpose of investigation to unearth some more facts of this case. After hearing the learned counsel for both the sides, it appears that the accused petitioner is involved with the fake gold business. It can not be denied that such type of occurrence is going on in the Lakhimpur and Bihpuria area. Accordingly, considering the submissions of the learned counsel for both the sides, I find that further custodial interrogation of the accused/ petitioner may be necessary to unearth some more facts of the case. Hence, I am of the view that this is not a fit case where bail can be extended to the accused /petitioner at this stage and accordingly, the same stands rejected. In terms of above, this bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010086952024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1251/2024 AZAHARUL ISLAM @ AJAHARUL ISLAM S/O JALAL UDDIN, RESIDENT OF MOHGHULI BORGOLA, PS NORTH LAKHIMPUR ,DIST LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REP. BY PP ASSAM Advocate for the Petitioner : MR. N HASAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA