Sahab Uddin Ahmed @ Md Sahab Uddin Ahmed v. The State of Assam

ORDER 28-06-2023 Heard Ms. S. G. Baruah, learned counsel for the petitioners and Mr. Danesh Das, learned Page No.# 2/4 Additional Public Prosecutor, Assam for the State. By this application under Section 439 CrPC, the petitioner, namely, Sahab Uddin Ahmed @ Md. Sahab Uddin Ahmed is 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 29.05.2023. 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 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 Page No.# 3/4 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. With regard to this petition Mr. Das, from the case diary submitted that previously he was involved in the crime of fake gold and fake currency and now he works in Arunachal Pradesh. Mr. Das also stated that when he came home public on suspicion apprehended him and handed over to police, however, there was no recovery from him. After hearing the leaned counsels for the parties, considering the materials in the case diary and the period of detention in said North Lakhimpur P.S. Case No. 192/2023, the Court is of the view that further custodial detention of the petitioner is not warranted to investigate said North Lakhimpur P.S. Case No. 192/2023. As such, this bail application of the petitioner in said North Lakhimpur P.S. Case is accepted. Accordingly, the petitioner, namely, Sahab uddin Ahmed @ Md. Sahab Uddin Ahmed, be released on bail in said North Lakhimpur P.S. Case No. 192/2023, on furnishing a bail bond of Rs.1,00,000/-, with 2 (two) local sureties 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 petitioner shall – (i) appear before the Investigating Officer of said North Lakhimpur P.S. Case No. 192/2023 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 he is 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) he 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 him in the aforesaid North Lakhimpur P.S. Case No. 192/2023 shall stand automatically vacated. Page No.# 4/4 Further, the petitioner shall not indulge in similar offence or any other criminal offences in future; failing which, the bail granted to him 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

Page No.# 1/4 GAHC010122342023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2124/2023 SAHAB UDDIN AHMED @ MD SAHAB UDDIN AHMED S/O LT. TALEB ALI R/O BANTOW BENGALI P.S. NORTH LAKHIMPUR DIST. LAKHIMPUR ASSAM PRESENT ADDRESS R/O KUTUBPUR P.S. BIHPURIA DIST. LAKHIMPUR VERSUS THE STATE OF ASSAM REP. BY THE PP ASSAM ------------ Advocate for : MS. S G BARUAH Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK