Abdur Rahman and 3 Ors v. The State of Assam

ORDER

16.07.2024 Heard Mr G Chamuah, learned counsel for the petitioners, 1) Abdur Rahman, 2) Sabiqul Islam, 3) Rajikul Islam and 4) Mofiqul Islam, who have filed this application under Section 438 CrPC, with prayer for pre-arrest bail, as they are apprehending arrest in connection with Jagiroad PS Case No. 61/2024 (GR No. 303/2024), under Sections 120(B)/420/406/409/468/379/34 of the Indian Penal Code, 1860.

¶3Heard Mr M P Goswami, learned Additional Public Prosecutor for the State of Assam/respondent.

¶4It is submitted on behalf of the petitioners that the petitioner No. 3 is a student and he had taken financial help from Manobkalan Nidhi Limited. It is further submitted that this is a registered company and Annexure-5 of the petition clearly reveals the certificate of incorporation. The petitioner No. 1 is the father of petitioner No. 3 and he is in no Page No.# 3/3 way involved in the case. He has been roped in connection with this case as he is the father of petitioner No. 3. Petitioner No. 2 is the brother of petitioner No. 3 and thus, his name too has been roped in connection with this case.

¶5The learned Additional Public Prosecutor has raised serious objection against the bail petition stating that there are incriminating materials in the Case Diary against the petitioners.

¶6It is submitted that all the petitioners are deeply involved in this case. They have induced innocent citizens to apply for loan by depositing certain amount of money. The innocent citizens have deposited money to procure the loan which have been allegedly misappropriated by the petitioners.

¶7I have scrutinized the Case Diary. Indeed there are incriminating materials against the petitioners.

¶8At this juncture, I am not inclined to grant anticipatory bail to the petitioners. Petition is thus, rejected at this stage of investigation.

¶9Send back the Case Diary. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010120112024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1549/2024o ABDURoRAHMANoANDo3oORS.o D/OoJAMALoUDDINo R/OoVILL-oKAKARJALAo P.S.oJAGIROADo P.O.oJHARGAONo DIST.oMORIGAON,oASSAMo PIN-782410 2:oSABIQULoISLAM oS/OoABDURoRAHMANo R/OoVILL-oKAKARJALAo P.S.oJAGIROADo P.O.oJHARGAONo DIST.oMORIGAON oASSAMo PIN-782410 3:oRAJIKULoISLAM oS/OoABDURoRAHMANo R/OoVILL-oKAKARJALAo P.S.oJAGIROADo P.O.oJHARGAONo DIST.oMORIGAON oASSAMo PIN-782410 4:oMOFIQULoISLAM oS/OoFURKANoULLAHo R/OoVILL-oBECHAMARIo P.O.oMORABARI o P.S.oDHING o DIST.oNAGAON Page No.# 2/3 ASSAM PIN-78212 VERSUS THE STATE OF ASSAM TO BE REP BY THE PP,ASSAM Advocate for the Petitioner : MR G CHAMUAH Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND