Md Mobinur Rahman @ Mabinur Rahman v. The State of Assam

ORDER Date : 13-09-2024 Heard Mr. M. Rahman, learned counsel for the petitioner Md. Mobinur Rahman @ Mabinur Rahman.

¶2The petitioner has filed this application under Section 483 of the Bharatiya Page No.# 2/3 Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since

17.08.2024 in connection with Gohpur Police Station Case No. 121/2024 under Sections 61(2)/318(4)/3(5) of the Bharatiya Nyaya Sanhita, 2023.

¶3Heard Ms. S. Jahan, learned Additional Public Prosecutor, Assam for the respondent State. Learned Additional Public Prosecutor has raised serious objection stating that the petitioner's role has to be ascertained. There is a racket around the Lakhimpur area as well as throughout the entire State of Assam and beyond the boundaries of Assam.

¶4I have considered the submissions at the bar with circumspection.

¶5The allegation against the petitioner is that he was apprehended while he was in possession of fake gold.

¶6I have considered the submission of the petitioner that the petitioner has been behind bars for 27 (Twenty Seven) days. The petitioner is willing to cooperate with the remaining part of investigation and to abide by any stringent bail conditions if imposed upon him. It appears that further custodial detention may not be required for the progress of investigation.

¶7Considering all aspects, petition is allowed. The petitioner is enlarged on bail on furnishing a bail bond of Rs.30,000/-(Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the learned Sub-Divisional Judicial Magistrate (M), Gohpur 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 on every fortnight till completion of investigation and shall not jump the bail. Page No.# 3/3

¶8On breach of any of the bail conditions, bail order shall automatically stand cancelled.

¶9In terms of the above observation, this Bail Application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010189832024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2757/2024 MD MOBINUR RAHMAN @ MABINUR RAHMAN S/O LATE HABIBUR RAHMAN R/O VILL- PHULIKIPARA P.S. HOWLY DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MAHIBUR RAHMAN, MR AZIZUR RAHMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND