Lutfur Rahman @ Rocky Islam v. The State of Assam

ORDER Date : 15-07-2024 Heard Mr. N. Ahmed, learned counsel for the petitioner Lutfur Rahman @ Rocky Islam, who has filed this application under Section 439 of the Code of Criminal Procedure, 1973 with prayer for bail as he is behind bars since

15.05.2024 in connection with Jalukbari Police Station Case No. 239/2024 under Page No.# 2/3 Sections 120(B)/392/420/34 of the Indian Penal Code, 1860.

¶2Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam for the respondent State.

¶3The allegation against the petitioner is that he tried to switch ATM Card from the informant. When the informant raised alarm he tried to escape but was finally caught by the public.

¶4The learned Additional Public Prosecutor has stated that there are incriminating materials in the Case Diary against the petitioner.

¶5I have perused the Case Diary. Indeed there are incriminating materials in the Case Diary against the petitioner. However, investigation has progressed to a considerable extent. I have considered the submission on behalf of the petitioner that he is willing to cooperate with the remaining part of the investigation and to abide by any stringent bail conditions if imposed upon him. It appears that further custodial detention may not be required for the progress of investigation. I have also considered the submission on behalf of the petitioner that his wife is pregnant and today is her due date.

¶6Considering all aspects and in view of my foregoing discussions, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions:

i) The petitioner shall refrain from such activities with which he is alleged.

ii) The petitioner shall cooperate with the investigation.

¶7On breach of any of the bail conditions, bail order shall stand cancelled.

¶8In the above terms, this Bail Application stands disposed of. Page No.# 3/3

¶9Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010109612024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1594/2024 LUTFUR RAHMAN @ ROCKY ISLAM S/O ABUL KALAM R/O VILL- BHOKUWAMARI, KOYAKUCHI, P.S. AND DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. N J DUTTA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND