Rofiqul Islam v. The State of Assam

ORDER Date : 24-07-2024 Heard Mr. I. Amin, learned counsel for the petitioner Rofiqul Islam.

¶2The petitioner has filed this application under Section 439 of the Code of Criminal Procedure, 1973 with prayer for bail as he is behind bars since

25.05.2024 in connection with Jalukbari Police Station Case No. 259/2024 under Page No.# 2/3 Sections 120(B)/420/489(A)/489(C)/511 of the Indian Penal Code, 1860.

¶3The petitioner has also prayed for bail on the ground of parity as the co-accused Sirajul Alom has been granted bail.

¶4Heard Mr. M.P. Goswami, learned Additional Public Prosecutor, Assam for the respondent State. The learned Additional Public Prosecutor has submitted that the Case Diary reveals incriminating materials against the petitioner who was found with fake Indian currency note and was about to embarked on transaction with the same.

¶5The allegation against the petitioner is that he was involved in circulation of fake Indian currency notes. It is submitted on behalf of the petitioner that he has booked a car (Uber) to go to ISBT, Garchuk, which was apprehended with fake currency notes. The petitioner is innocent. Furthermore, it is submitted that the petitioner has been languishing in jail for 59 (Thirty One) days. It is further submitted that he is the only bread winner of his family and his family would suffer immensely if he is not released on bail.

¶6I have considered the submissions at the bar. I have also scrutinized the Case Diary. Indeed there are incriminating materials in the Case Diary against the petitioner. I have also considered the submission of the petitioner that he has to take care of his entire family. I have also considered the progress of investigation and the submission that the petitioner is willing to cooperate with the remaining part of the investigation.

¶7Considering all aspects and in view of my foregoing discussions, petition is allowed.

¶8The petitioner shall be enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the Page No.# 3/3 satisfaction of the learned Chief Judicial Magistrate, Kamrup (M) under the conditions that:

(i) The petitioner shall refrain from such activities with which he is alleged.

(ii) The petitioner shall appear before the Investigating Officer after every fifteen days and cooperate with the investigation.

¶9On breach of any of the bail conditions, bail order shall stand cancelled.

¶10In the above terms, this Bail Application stands disposed of.

¶11Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010129752024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1873/2024 ROFIQUL ISLAM S/O KACHEM ALI VILL- NO. 2 ISLAMPUR P.S. BIHPURIA DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR M H AHMED Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND