Shahidul Islam v. The State of Assam

ORDER

17.10.2023

Heard Mr. B.K. Mahajan, learned counsel appearing for the accused petitioner. Also heard Mr. M. Phukan, learned Public Prosecutor, Gauhati High Court appearing for the State respondent.

¶2By this petition under Section 439 Cr.P.C., the accused petitioner, namely Page No.# 2/5 Shahidul Islam has prayed for grant of bail in connection with CID P.S. Case No.14/2023 registered

under

Sections 120B/341/342/ 448/294/323/307/379/387/427/506 of the IPC read with Sections 98(a)/99(3)(4)(5)(6) of the Assam Police Act, 2007.

¶3The case diary in 5 volumes, as called for, is placed before the Court.

¶4Mr. B.K. Mahajan, learned counsel appearing for the accused petitioner, submits that the accused petitioner has been languishing in jail despite being absolutely innocent. Mr. Mahajan submits that the accused is a petty businessman dealing in betel nuts/coconuts/biri/cigarettes selling through his business establishment, namely 'Suhana Trading'. According to Mr. Mahajan, learned counsel, the informant in-laws' family at Howly, Barpeta know the accused petitioner by virtue of being in the same business of betel nuts. One day, Mr. Mahajan submits, the sister of the informant came to the house of the accused petitioner and said that the informant wanted to talk with him to sort out a matter as he is in trouble, whereupon the accused petitioner without any mala fide intention made a call and talked with him and hearing the story of the incident, he advised the informant to settle the matter directly sitting with the Superintendent of Police, Bajali. In the meantime, several phone calls were received from other businessmen in connection with his business interests and those conversations were recorded in the mobile phone of the sister of the informant. Mr. Mahajan submits that there was nothing incriminating in the aforesaid alleged telephonic conversations with the informant regarding the quantum of amount to be negotiated with the Superintendent of Police. It has been further submitted that as the accused petitioner has already undergone interrogation in police custody and as the ingredients of the offences under which the case is registered are not satisfied in the case, further continuation of Page No.# 3/5 his detention in the interest of the ongoing investigation is perhaps not warranted and therefore, he may be directed to be released on bail subject to stringent conditions, if deemed necessary, as he noted in Paragraph No. 8 of the bail application.

¶5Opposing the bail application, Mr. M. Phukan, learned Public Prosecutor, submits, inter alia, that the case diary reveals that the accused petitioner demanded money from the informant and he proposed to settle the matter with the Superintendent of Police in exchange of money. It has been further submitted that the case diary, as a whole, reveals that he basically played the role of a middleman for negotiations to extort money from the family members of the informant and thus, was the abettor/middlemen and party to the widespread conspiracy in connivance with the co-accused persons. Therefore, Mr. Phukan submits that the bail application of the accused petitioner may be rejected at the present initial stage of investigation.

¶6The brief facts of the case are that a complaint was lodged before the Chief Minister of Assam by one Rabiul Islam alleging, inter alia, that on

16.07.2023, at around 1.30 A.M., some police personnel forcefully entered into his dwelling house by breaking its door while he and his wife were asleep. When he and his family members raised alarm, they were assaulted by the police. The police team enquired from him about some drugs and cash. As the informant told the police party that he had no knowledge of any such drugs and cash or any deal, he was physically tortured for about 2 to 3 hours and his house was searched without any search warrant. The police ransacked his house and took away his car keys, passport, mobile handsets, bank passbook, ATM Cards, house keys and other valuable documents. Thereafter, the informant along with his cousin brother and maternal uncle were forcefully taken away, initially to Page No.# 4/5 Bhawanipur police outpost and later on to the residence of the Superintendent of Police, Bajali. There, he was interrogated by the Superintendent of Police, Bajali in presence of the In-Charge, Bhawanipur Police Outpost about the purported illegal articles and on his denial, he was again tortured by the Superintendent of Police and asked him to deal with him directly. Further, the Additional Superintendent of Police, Bajali asked him about 80 pieces of gold biscuits to which the informant replied that he had no knowledge and he was again physically tortured and taken back to Bhawanipur Police Outpost. There, the DSP and other police officials physically assaulted him for about 30 minutes and threatened with dire consequences. The police also ransacked the office of the informant and the house of his father-in-law without search warrant and registration of any police case. On 17.07.2023, at around 12.30 a.m., the In-Charge of Bhawanipur Police Outpost along with three other persons took the informant to the national highway near detergent factory at Kohara in a bolero vehicle without number plate and demanded an amount of Rs.2.5 Crores from him and threatened to encounter him by showing his links with Pakistani and Bangladeshi Jihadi elements. At Bhawanipur Police Outpost, the informant was forcefully made to pay a cash sum of Rs. 10 lakhs through his family members and 21 numbers of cheques of Rs. 10 lakhs each from the bank accounts of his mother. Further, the Additional Superintendent of Police, Bajali demanded another amount of Rs.2.5 crores and when the informant refused, he was released by taking signatures on blank papers and issued notice under Section 41A Cr.P.C. She also demanded money from the informant's sister through one Kishore Baruah and threatened to implicate him too in a false case, if her demands were not met. On 30.07.2023, the Additional Superintendent of Police, Bajali also asked the informant's brother-in-law to book an Innova car for her Page No.# 5/5 and Rs. 5 lakhs for releasing his valuable documents.

¶7It is noticed that the accused petitioner has been in judicial custody since

07.09.2023, that is, for 41 days.

¶8A perusal of the case diary, inter alia, reveals that the accused petitioner was directly involved in negotiating for payment of the demanded money on behalf of a senior police official of the district. It is further revealed that the accused petitioner, on the plea of settling the aforesaid case, demanded money from the informant and proposed to settle the matter for Rs.30-40 lakhs. The incriminating voice clips prima facie indicate his unholy nexus with co-accused persons to extort money. The investigation into the more vital clues that surfaced in the meantime in the course of collection of evidence is yet to be completed.

¶9For the reasons set forth above, this Court is of the opinion that if the liberty of bail is granted to the accused petitioner at the present stage of investigation into the case, which prima facie manifests unholy nexus between police officers and the accused petitioner, the ongoing investigation into the case is likely to be adversely affected and that would certainly jeopardize the statutory right of a fair and unhindered investigation.

¶10Accordingly, the bail application of the accused petitioner, named above, is rejected. Return the case diary. This disposes of the bail application. JUDGE Comparing Assistant

Page No.# 1/5 GAHC010226572023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3585/2023 SHAHIDUL ISLAM S/O LATE IBRAHIM ALI R/O HOWLY, WARD NO. 1, P.S.HOWLY BARPETA DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. B K MAHAJAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR