Md. Mizanur Rahman, v. The State of Assam

ORDER Date : 26.07.2023

Heard Mr. T. Chutia, learned counsel for the petitioner. Also heard Ms. S.H. Borah, learned Addl. P.P., Assam appearing for the State respondent. This application under Section 439 of the Code of Criminal Procedure, 1973 has been Page No.# 2/3 filed by the petitioner Md. Mizanur Rahman who has been detained behind the bars since 18.06.2023 for the last 38 days in connection with North Lakhimpur P.S. Case No. 192/2023 under Sections 120B/489A/489C/420/406 of the IPC. The accusation of this case is that on 20.05.2023 one Biman Gogoi lodged an FIR before the Officer In-charge of North Lakhimpur P.S., interr-alia, alleging that the 4 numbers of accused named in the FIR, namely, Md. Ainul Haque, 2. Md. Ansar Ali, 3. Md. Isadul Alom and 4. Md. Aminur Rahman were involved in the illegal business of Fake Indian Currency Note and Fake Gold and searched the house of Md. Abul Kalam and recovered some fake Indian currency note to the tune of Rs. 39,000/-. On receipt of the said FIR North Lakhimpur P.S. Case No. 192/2023 has been registered. Learned counsel for the petitioner has submitted that the petitioner has been behind the bars since last 38 days though he is in no way involved with the offence as alleged in the FIR dated 20.05.2023. It is also submitted that the present petitioner has not been named in the said FIR. The learned counsel for the petitioner further submits that one of the named accused in the FIR and two other co-accused have already been granted bail by this Court by order dated 30.06.2023 in Bail Application No. 2221/2023 after perusal of the C.D. on the ground of period of detention undergone by the said accused persons and also considering the progress of investigation. On the other hand the learned Addl. P.P. submits that she oppose the grant of bail to the present petitioner on the ground that the C.D. has not yet been received and that there may be materials against the petitioner in the C.D. I have considered the submissions of both the parties and perused the materials available on record. It appears that the case was fixed for perusal of the C.D. However, the learned Addl. P.P. neither produce the C.D. nor could show any valid reason for non-production of the C.D. though the requisition of the C.D. was made on 17.07.2023 itself. In view of above, considering the submissions made by the learned for the petitioner and considering the fact that the present petitioner has not been named in the FIR and no Page No.# 3/3 seizure has been made from the present petitioner and the fact that the main accused and two other co-accused has already been granted bail by this Court after perusal of the C.d. and after observing that there is no other requirement of custodial interrogation of the other co-accused, this Court is of the considered opinion that further custodial interrogation of the present petitioner is also not necessary in connection with North Lakhimpur P.S. Case No. 192/2023 if the present petitioner cooperate with the Investigating Officer of the case. In view of above, the present petitioner, namely, Mizanur Rahman is allowed to go on bail of Rs. 30,000/-(Rupees thirty thousand) with one surety of the like amount to the satisfaction of the learned CJM, North Lakhimpur with the following conditions :-

¶1That the petitioner shall cooperate with the investigating officer of the North Lakhimpur1 P.S. case No. 192/2023.

¶2That the petitioner 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 him or her from disclosing such facts to the Court or to any Police Officer. With the above observations, this bail application is disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010151832023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2423/2023 MD. MIZANUR RAHMAN, S/O MD. NOOR HUSSAIN R/O BORGOLA GAON, P.O. SALMARA P.S. NORTH LAKHIMPUR DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. T CHUTIA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA