Md Mofidul Islam and 4 Ors v. The State of Assam

ORDER 28-06-2023 Heard Mr. K. Boruah, 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) Md. Mofidul Islam, 2) Md. Aainul Haque, 3) Md. Sahabur Islam @ Sahabul Islam, 4) Md. Rashidul Islam and 5) Md. Babul Islam are seeking bail in North Lakhimpur P.S. Case No. 192/2023 registered under Sections 120(B)/489(A)489(C)/420/406 IPC corresponding to G.R. No.485/2023 in which they are in custody since 26.05.2023. As per the FIR of the case, on 20.05.2023, an ejahar was lodged by the S.I. of Nowboicha Outpost under North Lakhimpur Police Station stating that on the basis of reliable and specific information from source the complainant, police personnel of Naoboicha Outpost, Lakhimpur stated that he along with Deputy Superintendent of Police, Headquarter, 2nd Officer of North Lakhimpur Police Station and other police officers and personnel of Narayanpur Police Station, Khelmati Police Station and North Lakhimpur Police Station Page No.# 3/5 proceeded to the house of one suspect Md. Abul Kalam of Mohghuli, Borgola under Naoboicha Outpost of North Lakhimpur Police Station and conducted house search during which some fake Indian currency notes of Rs. 39,000/- and one show piece of Crucified Cross of Jesus golden in colour with traces of red powder weighing about 1.783 Kgs was found wrapped in a plastic bag hidden under the cloth stand placed in the corner of the room which were seized accordingly . Further said Md. Abul Kalam was apprehended and in his statement he named other persons involved in the said racket with him. Accordingly, the houses of Md. Ainul Hoque and Md. Ansar Ali were searched, but no such suspected materials were found during such raid and search whereas, one mobile phone was seized from the possession of Md. Aminur Rahman containing pictures of fake gold items and other audios, chat message with various persons and accordingly arrested persons during. The same was accordingly registered as North Lakhimpur P.S. Case No.192/2023 under Section 120(B)/ 489(A)/489(C)/420/406 IPC corresponding to. G.R. No.485/2023. 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 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 North Lakhimpur P.S. Case No. 192/2023 and accordingly they were apprehended and kept in custody since

26.05.2023. Mr. Das, learned APP from the case diary submitted that the petitioner was the associate of main accused Abul Kalam and was implicated by the main accused Abul Kalam and the co-accused Ainul Hoque. This petitioner surrendered on 25.05.2023 and no seizure was made from him. Pertaining to petitioner No.2, Mr. Das stated that he is an associate of main accused Abul Kalam, implicated by co-accused Isadul Alam and Aminur Rahman and that earlier he Page No.# 4/5 was involved in the crime. Later this petitioner surrendered and no seizure was made from him. With regard to petitioner No.3, Mr. Das stated that he is a associate of the accused Abul Kalam and he surrendered and confessed that he was previously involved in the crime of fake gold but after 2019, he given up such activities. No recovery and seizure was made from this petitioner. About petitioner No.4, Mr. Das stated that he was implicated by co-accused Ainul Hoque, Aminur Rahman, Sariyat Ali etc. and that he was previously involved in such illegal trade and now is in the business of selling fish. He surrendered before police and there was no seizure or recovery from him. With regard to petitioner No.5 Mr. Das, from the case diary stated that he was an associate of the main accused Abul kalam and was also implicated by him as well as by Rashidul Islam. This petitioner confessed that from 2016 to 2018 he was involved in 4/5 cases of fake gold and later he surrendered. However, there was no seizure or recovery from him. Considering the materials in the case diary and the period of detention of the petitioners in custody since 26.05.2023 in said North Lakhimpur P.S. Case No. 192/2023, the Court is of the view that further custodial detention of the petitioners are not warranted to investigate said North Lakhimpur P.S. Case No. 192/2023. As such, this bail application of the petitioners in said North Lakhimpur P.S. Case is accepted. Accordingly, the petitioners, namely, 1) Md. Mofidul Islam, 2) Md. Aainul Haque, 3) Md. Sahabur Islam @ Sahabul Islam, 4) Md. Rashidul Islam and 5) Md. Babul Islam, be released on bail in said North Lakhimpur P.S. Case No. 192/2023, 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 North Lakhimpur P.S. Case No. 192/2023 on every Monday during the office hours, in the week commencing from 10.07.2023 for the next 10 (ten) weeks and Page No.# 5/5 thereafter, as and when they are required for necessary investigation of the case; (ii) not leave the territorial jurisdiction of the North Lakhimpur 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 North Lakhimpur P.S. Case No. 192/2023 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 North Lakhimpur P.S. Case No. 192/2023 shall stand automatically vacated. Return the case diary herewith. This Bail application accordingly stands allowed to the extent above.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010122342023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:ooBailoAppln./2041/2023 MDoMOFIDULoISLAMoANDo4oORS S/OoMUHAMMADoALIo R/OoVILL-oMOHGHULIoGAONo P.O.oSALMARA oP.S.oNORTHoLAKHIMPURo DIST.oLAKHIMPUR oASSAM 2:oMD.oAAINULoHAQUE S/OoMD.oSUGAToALIo@oSUBEToALIo R/OoVILL-oMOHGHULIoBORGOLA oP.S.oNORTHoLAKHIMPURo DIST.oLAKHIMPUR oASSAM o3:oMD.oSAHABURoISLAMo@oSAHABULoISLAM S/OoMD.oABDULoMASJID o R/OoVILL-oPANDHOWAoGAON o P.S.oNORTHoLAKHIMPUR oDIST.oLAKHIMPUR oASSAM o4:oMD.oRASHIDULoISLAM S/OoMD.oABDULoJABBARo R/OoVILL-MOHGHULIoBORGOLAo P.S.oNORTHoLAKHIMPUR o DIST.oLAKHIMPUR oASSAM Page No.# 2/5 5: MD. BABUL ISLAM S/O LT. GYASUDDIN R/O VILL- PANDHOWA GAON P.S. NORTH LAKHIMPUR DIST. LAKHIMPUR ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP ASSAM ------------ Advocate for : MR. K BORUAH Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK