Md. Abdul Hai v. The State of Assam

ORDER

04.06.2024

¶1Heard Mr. B. Chowdhury, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State.

¶2The petitioner, namely, Md. Abdul Hai, who was arrested on 15.03.2024 in Page No.# 2/3 connection with North Lakhimpur P.S. Case No. 44/2024 (Corresponding to GR Case No. 132/2024 under Section 489(A)/489(C) of IPC has approached this Court for the second time praying for grant of bail by filing the present application under Section 439 of Cr.P.C.

¶3This Court after perusal of the case diary rejected such prayer of the petitioner for grant of bail under its order dated 24.04.2024 passed in Bail Appln./1004/2024, after finding that sufficient incriminating materials are available against the petitioner in the case diary.

¶4Under its order dated 08.05.2024, this Court had again called for the case diary. Accordingly, the case diary has been produced by the learned Additional Public Prosecutor today.

¶5This Court has once again gone through the case diary. From the case diary, it is seen that initially from the possession of one Md. Abu Hanifa, fake Indian currency notes totaling Rs. 37,88,000/- were recovered. During the course of investigation another amount of Rs. 40,000/- Indian currency notes in the denomination of Rs. 500/- were recovered from one Mijanur Rahman and accordingly, he was arrested.

¶6During the course of investigation, it was also found that the petitioner Abdul Hai is also involved with Mijanur Rahman and Abu Hanifa and he was earlier arrested in connection with Rangia PS Case No. 379/2022 involving commission of offence in manufacturing of fake currency notes.

¶7The material so far collected suggests that a large group is involved in committing the offences of manufacturing and distributing the fake Indian currency note and fake gold. Some of the accused involved are yet to be arrested.

¶8That being the position, the prayer of bail for the petitioner stands rejected. However, while parting with the record, it is made clear that the observations Page No.# 3/3 made in this order is for the purpose of consideration of the prayer of bail only and same should not be treated as affirmation of merit of the prosecution case.

¶9With the aforesaid determination and observations, this bail application stands dismissed.

¶10Case diary be returned back to the learned Additional Public Prosecution. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010089332024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1315/2024 MD. ABDUL HAI S/O LATE RUSTOM ALI R/O VILL- OHGHULI BORGOLA P.O. SALMORA P.S. NORTH LAKHIMPUR, DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY