Aminur Rashul @ Syed Aminur Rasul v. The State of Assam

ORDER

06.12.2023 Heard Mr. S. Munir, learned counsel for the accused and Ms. A. Begum, learned Additional Public Prosecutor for the State respondent.

¶2This application under Section 439 of the Code of Criminal Procedure, 1973, is preferred by accused namely, Aminur Rashul @ Syed Aminur Rasul, who has been languishing in jail hazot since 12.11.2023, in connection with the Bhangagarh P.S. Case No. 287/2023, under Sections Page No.# 2/3 406/420 of the IPC read with Section 66 of the IT, for granting bail.

¶3The said case has been registered on the basis of one FIR lodged by Jagadish Kalita, on 09.10.2023. The essence of allegations made in the FIR is that he has a bank account, being A/C No. 1226104000059404, at Nalbari and on that day he found a sum of Rs. 85,000/- has been withdrawn by using G-Pay from his aforementioned account.

¶4Mr. Munir, learned counsel for the accused submits that the accused was arrested on 12.11.2023, and since then he has been languishing in jail hazot for last 24 days and that further custodial detention of the accused may not be unwarranted in the interest of investigation and therefore, it is contended to allow the petition.

¶5On the other hand, Ms. Begum, learned Additional Public Prosecutor has produced the case diary before this Court and submits that though the I.O. has achieved substantial progress in investigation, yet, she has objection in enlarging the accused on bail as he is a habitual offender and in the event of releasing him on bail, he will repeat similar kind of offence in future also.

¶6Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition as well as the documents placed on record and also perused the Case Diary with the assistance of learned Additional Public Prosecutor.

¶7It appears that the accused was arrested in this case on 12.11.2023, and since then, he has been languishing in jail hazot for last 24 days. Further, it appears from the case diary that the I.O. has achieved substantial progress in the investigation of the case.

¶8Accordingly, balancing the period of detention with the nature of Page No.# 3/3 gravity of the offence and also the stage of investigation, his further custodial detention may not be required in the interest of investigation and therefore, this Court is inclined to allow this petition. Under the aforesaid facts and circumstances, it is provided that on furnishing a bond of Rs. 50,000/- only, with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup [M] at Guwahati, the accused be enlarged on bail.

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

¶10The case diary be returned.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010260942023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4233/2023 AMINUR RASHUL @ SYED AMINUR RASUL S/O ANOWAR HUSSAIN R/O DHIRENPARA KALI MANDIR PATH P.S. FATASIL AMBARI DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. C K NATH Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN