Nurul Amin v. The State of Assam

ORDER 28-06-2023 Heard Ms. S. G. Baruah, learned counsel for the petitioner and Mr. Danesh Das, learned Additional Public Prosecutor, Assam for the State. By this application under Section 439 CrPC, the petitioner, namely, Nurul Amin is 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 he is in custody since 27.05.2023. 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 Page No.# 3/4 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 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

27.05.2023. With regard to the petitioner Mr. Das from the case diary submitted that he is not an FIR named accused but he was in the illegal trade of fake currency with co-accused Riyajat Ali for which he was arrested by police in 2018. Later he surrendered before police in this case on 25.05.2023 but no recovery and seizure 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 petitioner in custody in said Bihpuria P.S. Case No.96/2023, the Court is of the view that further custodial detention of the petitioner is not warranted to investigate said Bihpuria P.S. Case No.96/2023. As such, this bail application of the petitioner in said Bihpuria P.S. Case is accepted. Accordingly, the petitioner, namely, Nurul Amin, be released on bail in said Bihpuria P.S. Case No.96/2023, 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 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 he is required 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) 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 Bihpuria P.S. Case Page No.# 4/4 No.96/2023 shall stand automatically vacated. Further, the petitioner shall not indulge in similar offence or any other criminal offences in future; failing which, the bail granted to the petitioner 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:oBailoAppln./2200/2023o NURULoAMIN S/OoMD.oISMAILoHUSSAINo R/OoNO.o1oBANGALMARAoMIRIoSIT o P.S.oBIHPURIAo DIST.oLAKHIMPUR oASSAM oVERSUS THEoSTATEoOFoASSAM REP.oBYoTHEoPP oASSAM o------------ oAdvocateoforo:oMS.oSoGoBARUAH Advocateoforo:oPP oASSAMoappearingoforoTHEoSTATEoOFoASSAM ooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/4 BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK