Nuruddin Khan v. The State of Assam

ORDER

27.05.2024 Heard Mr. N. Ahmed, learned counsel for the accused and also heard Mr. P.S. Lahkar, learned Additional Public Prosecutor, Assam, appearing for the State respondent.

¶2This application under Section 439 of the Code of Criminal Procedure, 1973, is Page No.# 2/3 preferred by accused, namely, Nuruddin Khan, who has been languishing in jail hazot since 01.04.2024, in connection with Patacharkuchi P.S. Case No.59/2024, under Section 420/379 IPC, for grant of bail.

¶3It is to be noted here that the above noted case has been registered on the basis of an FIR lodged by Uday Deka, on 19.03.2024. The essence of allegation made in the aforesaid FIR is that on 08.12.2023, at about 11/12 p.m., he has withdrawn money from the SBI ATM situated at Sarupeta, then three unknown persons asked him that one option has displayed in the ATM, then he again put his ATM in the machine to find out his mini statement, but he could not succeed in the same. Thereafter, on 11.12.2023, he came to know that a sum of ` 41,000/- were withdrawn from his account, then through his YONO App, he checked his statement and came to know that someone has withdrawn money from the SBI ATM situated at Bhawanipur and then he got to know that the ATM, which was with him belonged to one Bhabesh Muchahari and therefore, he strongly suspects that those three boys could have exchanged his ATM. Thereafter, on 18.03.2024, he came to know that Bajali Police has detained three persons in ATM stealing case and after seeing their photos, he could recognize those three persons who were involved in his ATM stealing incident.

¶4Mr. Ahmed, learned counsel for the accused, submits that this is second bail application preferred by the accused filed on the ground of length of detention and the first application, being Bail Appln. No.1273/2024 was dismissed by this Court vide order dated 16.05.2024, after perusing the case diary. Mr. Ahmed further submits that the accused is behind the bar for last 57 days and besides he has been shown arrested here in this case and he is ready to face trial and therefore, it is contended to allow the petition.

¶5On the other hand, Mr. P.S. Lahkar, learned Additional Public Prosecutor, Assam, has vehemently opposed the petition on the ground that the I.O. has collected sufficient incriminating materials against the accused and the ground assigned by the accused for filing this second bail application is not at all satisfactory and therefore, Mr. Lahkar has Page No.# 3/3 opposed the petition.

¶6Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the case diary with the assistance of Mr. Lahkar, learned Additional P.P.

¶7It appears that the accused was shown arrested here in this case on 01.04.2024 and since then, he has been languishing in jail hazot for last 57 days. Further, it appears that he was arrested earlier in connection with Pathsala P.S. Case No.28/2024 on

16.03.2024. The case diary indicates that the I.O. has examined some witnesses and the investigation is still going on.

¶8However, having considered the length of detention as well as the submission of Mr. Ahmed, learned counsel for the accused, this Court is inclined to allow this petition. Accordingly, it is provided that on furnishing a bond of ` 50,000/- with one surety of the like amount to the satisfaction of the learned C.J.M., Bajali, Pathsala, the accused, namely, Nuruddin Khan, be enlarged on bail. Case diary be returned.

¶9In terms of above, this bail application stands disposed of. Comparing Assistant Sd/- Robin Phukan JUDGE

Page No.# 1/3 GAHC010101312024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1459/2024 NURUDDIN KHAN S/O RABI KHAN RESIDENT OF VILLAGE BHAUKAMARI, PS AND DIST BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR N AHMED Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN