Nazmul Khan @ Little Khan v. The State of Assam

ORDER Date : 05-01-2024

¶1Heard Mr. K.N. Choudhury, learned Senior Counsel for the petitioner.

¶2The petitioner, namely, Nazmul Khan @ Little Khan has filed this application under Section 439 Cr.PC with prayer for bail as he is behind bars since 30.11.2023 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. Page No.# 2/3

¶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 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 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. Page No.# 3/3 A total of Rs. 70 lacs was looted from Debkaran Sen and Manoj Kumar.

¶6It is submitted on behalf of the present petitioner that he was the whistle blower who informed the police relating to the Hawala transaction. It is also submitted that he was never taken into police custody while he was forwarded in connection with this case. It is also submitted through an additional-affidavit that the mother-in-law of the present petitioner who is 60 years old is suffering from serious ailment and she is constantly under medical treatment.

¶7The 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 petitioner.

¶8I have scrutinised the Case Diary. I have considered the submission that the petitioner is behind bars since 30.11.2023. I have considered the progress of investigation. I have considered the ailment of the petitioner's mother-in-law. 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.

¶9Considering all aspects and in view of my foregoing discussions, petition is allowed. The petitioner is enlarged on bail of Rs. 50,000/- with a suitable surety of like amount to the satisfaction of the learned CJM, Kamrup (M) under the conditions that:- i. The petitioner shall refrain from such activities with which he is alleged; and ii. The petitioner 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

Page No.# 1/3 GAHC010285822023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4555/2023 NAZMUL KHAN @ LITTLE KHAN S/O NAZRUL ISLAM R/O D.C. TALUKDAR LANE, SANTIPUR, GUWAHATI, P.S. BHARALUMUKH, PIN-781009, DIST. KAMRUP (METRO), ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. K N CHOUDHURY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND