Ziabur Rahman v. The State of Assam

ORDER

16.07.2024 Heard Mr F K R Ahmed, learned counsel for the petitioner, Ziabur Rahman, who has filed this application under Section 438 CrPC, with prayer for pre-arrest bail, as he is apprehending arrest in connection with Dispur PS Case No. 540/2024, under Sections 489(B)/489(C)/34 of the Indian Penal Code, 1860, subsequently added Sections 489(A)/489(D) of the Indian Penal Code, 1860, corresponding to GR Case No. Page No.# 2/3 31169/2024.

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

¶4The learned Additional Public Prosecutor has raised serious objection against the bail petition stating that there are incriminating materials in the Case Diary against the petitioner. He is evading arrest. It is submitted that investigation may be adversely affected as the petitioner is involved in circulating fake Indian currency notes with the help of 15 or 16 members of a gang and some of the members are yet to be apprehended in connection with such offence.

¶5The FIR unfolds that a search operation was conducted at House No 2, Das Residency, Sarumataria and 695 fake Indian Currency Notes of the denomination of Rs. 500 were recovered along with an electronic machine and a scooty from the possession of the accused named in the FIR.

¶6It is submitted on behalf of the petitioner that the prime accused has already been released on bail and the petitioner may also be released on bail on the ground of parity.

¶7I have also scrutinized the Case Diary. Indeed there are incriminating materials against this petitioner.

¶8At this juncture, there appears to be no justified ground to extend the privilege of pre-arrest bail to the present petitioner, who is booked under a serious offence. Petition is rejected at this stage of investigation. Page No.# 3/3

¶9Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010126912024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1634/2024 ZIABUR RAHMAN S/O LATE AKTAR ALI, R/O VILL- NO. 2 DHARAMAPUR, P.O.-LALUK, P.S.- LALUK, DIST- LAKHIMPUR (ASSAM), PIN NO.-784160 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : F K R AHMED Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND