Ashim Kumar Barman v. The State of Assam

ORDER Date : 19-01-2024

¶1Heard Ms. P. Mishra, learned counsel for the petitioner.

¶2The petitioner, namely, Ashim Kumar Barman has filed this application under Section 439 Cr.PC with prayer for bail as he is behind bars since 15.12.2023 in connection with Page No.# 2/2 Moirabari Police Station Case No. 249/2023 registered u/s 120(B)/419/420/467/468/471/34 of the Indian Penal Code r/w Section 66(c)/66(D) of IT Act.

¶3Heard Mr. M.P. Goswami, learned Addl. P.P., Assam.

¶4The learned Additional Public Prosecutor has raised serious objection stating that the petitioner got the co-accused Purabi Das involved in preparing fake Aadhar Card as the co-accused Purabi Das was an authorised Aadhar Operator at Dispur, Guwahati, Kamrup (M).

¶5The learned counsel for the petitioner has submitted that the petitioner is innocent. It is also submitted that the petitioner is a local resident and the articles which were seized in connection with this case were not seized from the possession of the petitioner. The FIR clearly reveals about involvement of other accused who managed to flee during investigation. The petitioner has not prepared any fake Aadhar Cards.

¶6I have considered the submission on behalf of the petitioner that the petitioner is behind bars for 35 days. The Case diary also reveals that investigation has progressed to a considerable extent. I have also considered the submission that further custodial detention for the progress of investigation may not be required. The petitioner is a local resident and has pledged to co-operate with the investigation.

¶7Considering all aspects, 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, Morigaon under the conditions that:- i. The petitioner shall refrain from such activities with which he is alleged; ii. the petitioner shall co-operate with the investigation; and iii. the petitioner shall appear before the IO after every fortnight till completion of investigation. On breach of any of the bail conditions, bail order shall stand cancelled. Bail Application stands disposed of in the above terms. Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010295572023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./42/2024 ASHIM KUMAR BARMAN S/O- JURORAMM BARMAN, BY FAITH AND RELIGION- HINDU, BY PROFESSION- PRIVATE JOB, PERMANENT RESIDENT OF VILLAGE- GARAL (AIRPORT ROAD), P.S. AZARA (AIRPORT ROAD), IN THE DISTRICT OF KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. V N UPADHYAY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND