Md. Akbar Ali @ Akbor Ali v. The State of Assam

ORDER

09.08.2024 Heard Mr J Ali, learned counsel for the petitioner. Also heard Ms N Das, learned Additional Public Prosecutor for the State Respondent.

¶2This application under Section 438 of the Code of Criminal Procedure, 1973 has been filed by the petitioner, namely, Md. Akbar Ali @ Akbor Ali, who is apprehending his arrest in connection with Mayong P.S. Case No. 60/2024 under Sections Page No.# 2/3 420/406/468/471/120(B) of the Indian Penal Code, 1860.

¶3The gist of accusation in this case is that on 12.06.2024, one Sri Rajib Das had lodged an FIR before the Officer-In-Charge of Mayong Police Station, inter alia, alleging that the accused persons named in the FIR, including the present petitioner, owns a Customer Service Point (CSP) of Punjab National Bank and it is suspected that they have illegally acquired some Debit Cards/ATM Cards through deceitful means and they have been cheating people and have misappropriated their money.

¶4The learned counsel for the petitioner has submitted that the petitioner is a differently abled person and though the CSP in question is in his name, it is run by his brother, namely Md. Atabur Rahman, who has already been arrested in this case.

¶5The learned counsel for the petitioner has also submitted that the perusal of the FIR itself shows that the FIR has been filed merely on the basis of suspicion only.

¶6The learned counsel for the petitioner has further submitted that the petitioner is ready and willing to co-operate in the investigation.

¶7I have considered the submissions at the Bar with circumspection.

¶8The petitioner is a specially abled person and the petitioner has appeared before the IO and has cooperated with the investigation.

¶9I have also scrutinized the Case Diary.

¶10The petitioner has also not violated the bail conditions. Page No.# 3/3

¶11I have considered the submission on behalf of the petitioner that he is willing to cooperate with the remaining part of investigation and to abide by any stringent conditions, if imposed upon him.

¶12Considering all aspects, the interim pre-arrest bail order dated 28.06.2024, is hereby made absolute, under the same terms and conditions.

¶13Anticipatory Bail Application stands disposed of.

¶14Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010130562024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1679/2024 MD. AKBAR ALI @ AKBOR ALI S/O ABDUL JALIL, R/O VILL- KURANIBORI, P.S.-MAYONG, DIST- MORIGAON, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. S MUNIR, MR. J ALI, MR S H SIKDAR,MR S M ABDULLAH P Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND