Dewan Samsuddin v. The State of Assam

ORDER

06.10.2023

¶1Heard Mr. N.J. Dutta, Learned Counsel for the Petitioners. Also heard Mr. K.K. Das, Learned Additional Public Prosecutor.

¶2This application under Section 439 of the Code of Criminal Procedure, 1973, has been filed by the petitioners namely, Dewan Samsuddin who was arrested on 09.08.2023 in connection with Jagiroad P. S. Case No. 238/2023 under Sections 279/333/307/427/420/468/471/34 of the Indian Penal Code.

¶3The accusation in this case is that on 10.8.2023, one Biman Konwar, ASI of Police of Nellie Outpost, lodged an FIR before the Officer-In-Charge of Jagiroad Police Station, inter-alia, alleging that on 09.08.2023, a secret information was received at Nellie Police Outpost that a group of three persons involved in ATM fraud and cheating were coming from Nagaon side to Guwahati in a blue-coloured swift vehicle bearing registration number AS 01 EG 6815.

¶4On receipt of said information in Naka Checking was arranged at about 7.30 pm. During Naka Checking, when the reported vehicle was found coming, it was signalled to stop, however, instead of stopping at the barricade, the driver of the said car increased the speed of the car and attempted to hit the on-duty police officers and after dashing against the barricade and fled away. The car was chased by the police vehicle and when it reached near Kumarbori Bridge, an accident occurred where the police car hit the car driven by the accused persons, thereby injuring the accused persons who were sitting Page No.# 3/4 in the car. Police personnel also got injured in the said accident.

¶5It is also stated in the FIR that during search operation, 37 numbers of ATM cards and one swipe machine and four numbers of mobile phones along with other articles including cash amount was recovered from the possession of the accused persons including the present petitioners.

¶6Learned Counsel for the petitioner has submitted that the accused persons including the present petitioner were brutally assaulted by the police after their apprehension which caused severe injuries on their person.

¶7Learned Counsel for the petitioner has also submitted that the allegations levelled against the present petitioner, who is the driver of the car, are false and he is not involved in any offence as alleged in the FIR.

¶8On the other hand, Mr. K.K. Das, learned Additional Public Prosecutor has submitted that there are sufficient incriminating materials against the accused persons including the present petitioner in the case diary and they are involved in a racket of ATM fraud by cheating innocent citizens and duping them of their hard-earned money. It is also submitted by the learned Additional Public Prosecutor that the investigation is at initial stage and considering the conduct of the present petitioner, there is every likelihood that they would evade the process of law and they would hamper the fair investigation, if they are released on bail. Learned Additional Public Prosecutor has vehemently opposed the grant of bail to the present petitioner.

¶9I have considered the rival submissions made by Learned Counsel for both the parties and have perused the materials on record including the case diary of Jagiroad P. S. Case No. 238/2023.

¶10It appears from the case diary that the version of the police is that the accused persons got injury in the accident when they were chased by Page No.# 4/4 police. It also appears from the materials available in the case diary that the present petitioner, who was driving the car, did not stopped at Naka Checking conducted by police and fled away there from by dashing against the barricades put in the Naka Checking and they were only apprehended when they were chased by police.

¶11It also appears from the materials in the case diary that 37 numbers of ATM cards belonging to 37 different cardholders were seized from the accused persons and none of these 37 ATM cards belong to any of them.

¶12It also appears that the investigation with regard to the allegations of ATM fraud by the accused persons is still at a crucial stage and considering the materials available in the case diary, this Court is of the considered opinion that this is not a fit case to allow the present petitioner to go on bail at this stage of the investigation.

¶13For the aforementioned reasons, the prayer for bail of the abovenamed petitioner is rejected. and this bail application is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010180572023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:o BailoAppln./3196/2023 DEWANoSAMSUDDIN SONoOFoABDULoSABIR oRESIDENToOFoVILLAGE-oSONAPUR oP.S.oSONAPUR oDISTRICT-oKAMRUPo(METRO) oASSAM oVERSUS THEoSTATEoOFoASSAM REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR oASSAM o------------ oAdvocateoforo:oMRoNoJoDUTTA Advocateoforo:oPP oASSAMoappearingoforoTHEoSTATEoOFoASSAM ooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA