Rasiya Begum and Anr v. The State of Assam

ORDER Date : --05.01.2024

¶1Heard Mr. D. Medhi, learned counsel for the petitioners.

¶2The petitioners, namely, [1] Rasiya Begum and [2] Papita Bora have filed this application under Section 439 Cr.PC with prayer for bail as they are behind bars since

01.12.2023 in connection with Bharalumukh Police Station Case No. 353/2023 registered u/s 120(B)/395 of the Indian Penal Code r/w Section 25(I-A) Arms Act and added Section 412 of the Indian Penal Code.

¶3Heard Ms. A. Begum, learned Addl. P.P., Assam.

¶4The FIR unfolds that a team led by SI Mobarak Ali and SI(P) Anurag Bora of Bharalumukh PS assisted by some civilians, namely, Khairul Hoque, Biki Ali, Sarif Tarwar and Sonu Ali conducted a raid in the rented house of Sunu Sharma on

21.11.2023 at about 9 PM where cash money of Rs. 1,69,70,000/- was recovered from two persons, namely Debkaran Sen and Manoj Kumar, both from Rajasthan. This cash was handed over to the Income Tax Department following due procedure, but from confidential sources, it was learnt that the police personnel and civilians, named above looted a bag containing huge amount of cash from the place of occurrence by assaulting and threatening and using the service weapons to threaten Debkaran Sen and Manoj Kumar. The team conducting the raid retained the cash and disclosed only a lesser amount to the government officials. This was reported to the complainant by Nazmul Khan @ Little Khan and an enquiry was commenced and it was unearthed that Khairul Hoque confessed about his involvement in looting the money along with the police personnel, namely, SI Mobarak Ali and SI (P) Anurag Bora. One reporter namely, Taufique Ahmed along with other civilians criminally conspired and planned to conduct the raid in the rented room where the money was stored. On 21.11.2023, at Page No.# 3/4 about 9 PM the miscreants led by the police personnel in the garb of conducting a search operation took away one bag filled with cash and they also assaulted both Debkaran Sen and Manoj Kumar and threatened them by brandishing their service weapons.

¶5During investigation, cash of Rs. 7,30,000/- was recovered from the house of Khairul Hoque. On being led by SI Mubarak Ahmed an amount of Rs. 17,50,000/- was recovered from the house of Rasiye Begum which was kept concealed by SI Mobarak Ali Ahmed, cash of Rs. 9 lacs was recovered from the possession of Nazmul Khan @ Little Khan, cash of Rs. 4 lacs was recovered from Toufique Ahmed and Sarif Tanwar confessed that he has received an amount of Rs. 7.5 lacs, but this amount was not yet to be recovered. Anurag Bora also admitted that he received an amount of Rs. 5 lacs. A total of Rs. 70 lacs was looted from Debkaran Sen and Manoj Kumar.

¶6The learned Addl. PP. has raised serious objection against the bail petition. It is submitted that there are incriminating materials in the Case Diary against the petitioners.

¶7I have scrutinised the Case Diary. I have considered the submission that the petitioners are behind bars since 01.12.2023. I have considered the progress of investigation. It appears that further custodial detention for progress of investigation may not be required. The Case Diary reveals that investigation has progressed to a considerable extent. Most of the cash looted in connection with this case have been recovered.

¶8Considering all aspects and in view of my foregoing discussions, petition is allowed. The petitioners are enlarged on bail of Rs. 50,000/- each with a suitable surety each of like amount to the satisfaction of the learned CJM, Kamrup (M) under the conditions that:- i. The petitioners shall refrain from such activities with which they are alleged; and Page No.# 4/4 ii. The petitioners shall not leave the jurisdiction of the Court without prior permission till completion of trial. On breach of any of the bail conditions, bail order shall stand cancelled.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010278762023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o oBailoAppln./4480/2023 RASIYAoBEGUMoANDoANR W/OoMUMTAZoALIo R/OoJALIMURAo P.S.oKAMALPURo DIST.oKAMRUPo STATE-oASSAMo PH.NO.o9577726468 2:oPAPITAoBORA W/OoSRIoPRATAPoBORAo R/Oo1oNO.oBARPUKHURIPARo P.S.oDERGAONo DIST.oGOLAGHATo STATE-oASSAMo PH.o9577726468 oVERSUS THEoSTATEoOFoASSAM REP.oBYoTHEoPP oASSAM o------------ oAdvocateoforo:oMRoDoMEDHI Advocateoforo:oPP oASSAMoappearingoforoTHEoSTATEoOFoASSAM ooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND