Rafikul Bhuyan @ Rofiqul Bhuyan v. The State of Assam

ORDER Date : 20-11-2023

¶1Heard Md. S Alom, learned counsel for the applicant and Mr. K K Parashar, learned Addl. PP, Assam appearing for the state respondent.

¶2This application under section 439 of the Code of Criminal Page No.# 2/3 Procedure, 1973 is preferred by accused, namely, Rafikul Bhuyan @ Rofiqul Bhuyan who was arrested on 30.10.2023 in connection with the Manikpur PS Case No.200/2023 (GR Case No.761/2023) under sections 420/379 of the IPC.

¶3The petitioner is arrested on 30.10.2023 and he is behind the bars since then.

¶4Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. Investigation is almost over and the accused person is thoroughly interrogated by the investigating agency. There is no legal evidence against the present applicant to connect him with the alleged offence. The learned Counsel further submits that the applicant is in custody since 30.10.2023 and the conclusion of trial will take sufficient time. On the aforesaid grounds, prayer is made to release the applicant on bail.

¶5Learned Additional Public prosecutor for the state has seriously opposed the application and prayed for its rejection.

¶6Perused the materials available on record which discloses that the informant herself had handed over the ATM card and the PIN number to the accused. In the aforesaid backdrop, this Court is of the opinion that further custodial detention of the petitioner is not required inasmuch as he has been in custody since 30.10.2023.

¶7Considering the period of detention and without commenting anything on the merits of the case, this Court is of the opinion that no further custodial interrogation/detention is required. Accordingly, the present application is allowed.

¶8It is directed that the applicant, above named, in connection with the aforementioned case be released on bail on his furnishing a bond in the sum of Rs.30,000/- (Rupees thirty thousand Only) with one solvent surety Page No.# 3/3 of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Bongaigaon, with the following conditions: I. The applicant shall not leave the territorial jurisdiction of the aforesaid police station without prior written permission from its officer in charge; II. The applicant shall not hamper with the investigation of the case and tamper with the evidence of the case; III. The applicant 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.

¶9In terms of the above, this bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010250752023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4042/2023 RAFIKUL BHUYAN @ ROFIQUL BHUYAN S/O MD. ALEK BHUYAN R/O VILL- N.C. BALIKURI P.S. KALGACHIA P.O. BALIKURI DIST. BARPETA, ASSAM PIN-781319 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MD. S ALOM Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY