Diluwar Hussain and 2 Ors v. The State of Assam

ORDER 28-06-2023 Heard Mr. A. M. Ahmed, learned counsel for the petitioners and Mr. Danesh Das, learned Additional Public Prosecutor, Assam for the State. By this application under Section 439 CrPC, the petitioners, namely, 1) Diluwar Hussain, 2) Mohidul Islam and 3) Jahirul Islam are seeking bail in Bihpuria P.S. Case No.96/2023 registered under Sections 120(B)/406/420/489(A)/489(C)/489(D)/34 IPC corresponding to G.R. No.506/2023 in which they are in custody since 27.05.2023. As per the FIR of the case, on 25.05.2023, an ejahar was lodged before the Bihpuria Police Station stating that on the basis of reliable and specific information from source, the persons named in it are dealing with fake Indian currency in the Bangalmara Bazar area and after following the due process, with the help of police personnel from the said police station as well as 13th APBN Staff could apprehend them and did not find any such fake currency during their search. However, in interrogation those persons named in the said ejahar confessed that they along with other accused persons named therein in a group made fake Indian currency and fake gold like counterfeit statue of Jesus Christ, gold boat and that during interrogation, one apprehended accused led the police team along with the staff and conducted raid and search in the house of one Mustafizur Rahaman, Mizanur Rahman, Sabbir Hussain and Md. Sahabur Islam, recovered two numbers of monitor, one laptop, one UPS three CPUs, five printers and seized those articles that were used for making fake Indian currency notes. The same was accordingly registered as Bihpuria P.S. Case No.96/2023 under Sections 120(B)/406/420/489(A)/489(C)/489(D)/34 IPC corresponding to. G.R. No.506/2023. It is also stated by the learned counsel for the petitioners that a new Superintendent of Police took over the charge of Lakhimpur district on his transfer from Nagaon, who specified that he and the police personnel of Lakhimpur district will work relentlessly against all forms of anti-social and illegal activities, particularly targeting fake currency and fake gold, proclaiming that it is a time for some action indicating his determination to tackle the said Page No.# 3/4 issue. On such vow of the Superintendent of Police of the district Mr. HRA Choudhury, learned senior counsel submits that the petitioners and many others who were involved earlier in similar case surrendered themselves before police in the said Bihpuria P.S. Case No.96/2023 and accordingly they were apprehended and kept in custody since 27.05.2023. With regard to this petitioner No.1, Mr. Das, learned APP stated that though he is not a FIR named accused but his name has been implicated by co-accused Mizanur Rahman and that he used to make wooden boxes for setting up the printing machine of fake currency and used to supply the same to those people involved in the offence and later he also got involved in the business of fake currency misappropriated Rs.5,00,000/- make promise to supply a co-accused fake currency of Rs.10,000,000/-. He surrendered later before police. With regard to the petitioner No.2 Mr. Das stated that though he is not a FIR named accused but earlier he was involved in the crime of fake currency and presently he runs a chicken farm and a shop. Later he surrendered and no seizure and recovery was made from him. With regard to petitioner No.3 Mr. Das stated that he is an FIR named accused and was doing business of fake gold statue and fake currency along with co-accused Riajul and Atikul. This petitioner was arrested earlier for such offence and he is now doing business. Later he surrendered but no seizure and recovery was made from him. After hearing the leaned counsels for the parties, considering the materials in the case diary and the period of detention of the petitioners in custody in said Bihpuria P.S. Case No.96/2023, the Court is of the view that further custodial detention of the petitioners are not warranted to investigate said Bihpuria P.S. Case No.96/2023. As such, this bail application of the petitioners in said Bihpuria P.S. Case is accepted. Accordingly, the petitioners, namely, 1) Diluwar Hussain, 2) Mohidul Islam and 3) Jahirul Islam, be released on bail in said Bihpuria P.S. Case No.96/2023, on furnishing a bail bond of Rs.1,00,000/-, each with 2 (two) local sureties each of the like amount, one of which shall be a Government employee (Either State or Central Government) to the satisfaction of the learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur on conditions that the petitioners shall – (i) appear before the Investigating Officer of said Page No.# 4/4 Bihpuria P.S. Case No.96/2023 on every Monday during the office hours, from the week commencing from 10.07.2023 for the next 10 (ten) weeks and thereafter, as and when they are required for necessary investigation of the case; (ii) not leave the territorial jurisdiction of the Bihpuria Police Station, without obtaining prior written permission from the concerned Investigating Officer of the case; (iii) not hamper with the investigation, or tamper with the evidence of the case and (iv) they shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer, failing which, the bail granted to them in the aforesaid Bihpuria P.S. Case No.96/2023 shall stand automatically vacated. Further, the petitioners shall not indulge themselves in similar offence or any other criminal offences in future; failing which, the bail granted to them in said Bihpuria P.S. Case No.96/2023 shall stand automatically vacated. Return the case diary herewith. This Bail application accordingly stands allowed to the extent above. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010126522023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./2034/2023 DILUWARoHUSSAINoANDo2oORS S/OoAMINURoRAHMANo VILL-o1oNO.oBANGALMARAoMIRIoSHEETo P.S.oBIHPURIAo DIST.oLAKHIMPUR oASSAM 2:oMOHIDULoISLAM S/OoMD.oKASEMoALIo VILL-oNO.o1oAHMEDPURo P.S.oBIHPURIAo DIST.oLAKHIMPUR oASSAM o3:oJAHIRULoISLAM S/OoABDURoRAHMANo VILL-oNO.o2oISLAMPURo P.S.oBIHPURIAo DIST.oLAKHIMPUR oASSAM oVERSUS THEoSTATEoOFoASSAM TOoBEoREP.oBYoTHEoPP oASSAM o------------ oAdvocateoforo:oMR.oAoMoAHMED Advocateoforo:oPP oASSAMoappearingoforoTHEoSTATEoOFoASSAM ooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/4 BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK