Md Jeherul Hoque Talukdar and 2 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) Jeherul Hoque Talukdar, 2) Siddique Ali and, 3) Md. Riyajul Islam are seeking bail in Bihpuria P.S. Case No.96/2023 registered under Sections 120(B)/406/420/489(A)/489(C)/489(D)/34 IPC corresponding to G.R. No.506/2023 in which they are in custody since 25.05.2023. As per the FIR of the case, on 25.05.2023, an ejahar was lodged before the Bihpuria Police Station stating that on the basis of reliable and specific information from source, the persons named in it are dealing with fake Indian currency in the Bangalmara Bazar area and after following the due process, with the help of police personnel from the said police station as well as 13th APBN Staff could apprehend them and did not find any such fake currency during their search. However, in interrogation those persons named in the said ejahar confessed that they along with other accused persons named therein in a group made fake Indian currency and fake gold like counterfeit statue of Jesus Christ, gold boat and that during interrogation, one apprehended accused led the police team along with the staff and conducted raid and search in the house of one Mustafizur Rahaman, Mizanur Rahman, Sabbir Hussain and Md. Sahabur Islam, recovered two numbers of monitor, one laptop, one UPS three CPUs, five printers and seized those articles that were used for making fake Indian currency notes. The same was accordingly registered

as

Bihpuria

P.S.

Case

No.96/2023

under

Sections 120(B)/406/420/489(A)/489(C)/489(D)/34 IPC corresponding to G.R. No.506/2023. 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 Page No.# 3/4 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 Bihpuria P.S. Case No.96/2023 and accordingly they were apprehended and kept in custody since 25.05.2023. Mr. Das, learned APP from the case diary submitted that the petitioner No.1 was not an FIR named accused but he was earlier involved in the illegal trade of fake currency along with co-accused Khurshed Alam and Habibur Rahman about 4-5 years back and for that he was arrested in 2016 and was sent to jail for such offence. Later he surrendered in this case but no recovery and seizure was made from him. With regard to the petitioner No.2 Mr. Das stated that he is also not named in the FIR of the case but earlier he was supplying wooden boxed for setting printing machines of fake currency to the accused persons from his furniture shop. He was called by police on 25.05.2023 he appeared before them and then he was arrested. However, there was no recovery. With regard to petitioner No.3 Mr. Das stated that he is also not named in the FIR but because of his earlier involvement in the illegal fake gold with other co-accused he surrendered before police but no recovery was made from him. After hearing the leaned counsels for the parties, considering the materials in the case diary and the period of detention of the petitioners in custody in said Bihpuria P.S. Case No.96/2023, the Court is of the view that further custodial detention of the petitioners are not warranted to investigate said Bihpuria P.S. Case No.96/2023. As such, this bail application of the petitioners in said Bihpuria P.S. Case is accepted. Accordingly, the petitioners, namely, 1) Jeherul Hoque Talukdar, 2) Siddique Ali and, 3) Md. Riyajul Islam be released on bail in said Bihpuria P.S. Case No.96/2023, 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 Bihpuria P.S. Case No.96/2023 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 they are required Page No.# 4/4 for necessary investigation of the case; (ii) not leave the territorial jurisdiction of the Bihpuria 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 Bihpuria P.S. Case No.96/2023 shall stand automatically vacated. Further, the petitioners shall not indulge in similar offence or any other criminal offences in future; failing which, the bail granted to them in said Bihpuria P.S. Case No.96/2023 shall stand automatically vacated. Return the case diary herewith. This Bail application accordingly stands allowed to the extent above.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010126522023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:o,Bail,Appln./2190/2023 MDoJEHERULoHOQUEoTALUKDARoANDo2oORS S/OoMANIRULoTALUKDARo R/OoDAULATPUR oBANGALMARAoOUToPOSToUNDERoBIHPURIAoPOLICEoSTATION o DIST.oLAKHIMPUR oASSAM 2:oSIDDIQUEoALI S/OoLATEoABUDULoMUHITo R/OoNO.o1oAHMEDPUR oBANGALMARAoOUToPOSToUNDERoBIHPURIAoPOLICEoSTATION oDIST.oLAKHIMPUR oASSAM o3:oMD.oRIYAJULoISLAM S/OMD.oJAMSHEDoALIo R/OoNO.o2oSONAPURo R/OoDAULATPUR oBANGALMARAo OUToPOSToUNDERoBIHPURIAoPOLICEoSTATION oDIST.oLAKHIMPUR oASSAM oVERSUS THEoSTATEoOFoASSAM REP.oBYoTHEoPP oASSAM o------------ oAdvocateoforo:oMR.oKoBORUAH Advocateoforo:oPP Page No.# 2/4 ASSAM appearing for THE STATE OF ASSAM BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK