Iqbal Hussain Mazumdar v. The State of Ap

ORDER Date : 08-04-2024

¶1Heard Mr. L. Narah, learned counsel for the applicant. I have also heard Ms. T. Jini, learned Additional PP for the State.

¶2This is an application under section 439 Cr.PC, 1973 by the applicant praying for release of the accused, Shri. Mustaque Ahmed Mazumdar who has been arrested in connection with Chimpu PS case no. 011/2024 under section 120(B)/420/409. Page No.# 2/4

¶3The case of the petitioner is that on 05.02.2024, one Nilly Likha Tabo lodged an FIR before the Officer-in-Charge, Chimpu PS, Itanagar, Arunachal Pradesh, inter-alia alleging therein that the accused, Shri. Kaji Habibur Rahman approached him and promised that he will give contract work of worth Rs. 50 crores regarding Central and State government's project works. Accordingly, the accused had taken money from him from time to time. Thereafter, the accused had taken a sum Rs. 10,000,00/- on 19.06.2023; Rs. 12,000,00/- on 16.03.2023 and Rs. 10,000,00/- on 03.03.2023 through RTGS. And on 07.08.2023, the accused had again taken a sum of Rs. 50,000,00/- from him by promising that he will give contract work within one week, failing which it was further agreed to repay the principle amount of money within a weeks' time. And lastly, on reaching Itanagar on 29.01.2023, the accused asked him to pay Rs. 1 crore to get project work within a week. So, the informant managed cash of Rs. 1 Crore and handed over the same to the accused on 01.02.2023. But, in the next morning, i.e., on 02.02.2023, the informant found that the accused left his rented house along with the cash money and all his associates. Basing on the above written FIR, a case being Chimpu PS case no. 011/2024 under section 120(B)/420/409 was registered and the accused was arrested on 05.02.2024.

¶4The learned counsel for the applicant submits that he is not named in the FIR, and he only accompanied the main alleged accused, Shri. Kaji Habibur Rahman. The learned counsel for the applicant further submits that he is not directly involved with the case. The main alleged accused, Shri. Kaji Habibur Rahman alleged to have entered into an agreement with the informant; he only accompanied the main accused at the time of leaving Itanagar for which he was paid Rs. 5 lakhs. However, the Polce had already recovered the said money from his bank account and also from his home, which has already been handed over Page No.# 3/4 to the informant. It is also submitted that the applicant is ready to furnish adequate bail amount and abide by any terms and conditions to be imposed for his release on bail.

¶5The learned Additional PP has produced the case diary as well as the Status Report and I have perused the same. I have also heard the learned counsel for the parties.

¶6Mere perusal of the contention made in the FIR and the records; including the deed of agreement dated 17.08.2023 executed between the accused, Shri. Kaji Habibur Rahman and the informant, it appears that the issue involved in the case is payment of some amount of money to the accused, Shri. Kaji Habibur Rahman by the informant for certain consideration for obtaining a contract work for him, and in case of failure to obtain such contract works as promised, the accused, Shri. Kaji Habibur Rahman had further promised to return the loan amount within a week from the receipt of the amount from the informant. The present applicant is not involved in the said transaction between the accused, Shri. Kaji Habibur Rahman and the informant.

¶7This Court is of the opinion that the dispute as narrated in the agreement dated 17.08.2023 is between the two parties and the contention made in the FIR only discloses that the matter is regarding the money transaction between the parties for certain consideration. The record further reveals that the accused has been inside Jail custody for about 62 days, the investigation in respect of the accused is almost completed and his custodial interrogation is no longer required. Under the circumstances, the accused is not required to be kept inside the custody for investigation purpose.

¶8In view of the above and for the reasons stated above, the bail prayer for Page No.# 4/4 release of the accused is considered and allowed. The accused, Shri. Mustaque Ahmed Mazumdar is directed to be released on bail on execution of a bail bond of Rs. 50,000/- (Rupees fifty thousand) with one surety of like amount to the satisfaction of the CJM, Yupia with the following conditions:

(i) That the accused shall make himself available for further investigation before the I.O. as and when required;

(ii) That he shall not directly or indirectly make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to any Police Officer;

(iii) That he shall not leave the jurisdiction of Papumpare district without the previous permission of the I.O. of the case.

(iv) That he shall furnish his present and permanent address with his contact number and the contact number of the bailer. With the above, this bail application stands allowed and disposed of. JUDGE Comparing Assistant

Page No.# 1/4 GAHC040004472024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/40/2024 Iqbal Hussain Mazumdar Son of Monia Mia Mazumdar, resident of Purbogool village, Hailakandi, PO and PS Hailakandi, Hailakandi District, Assam VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Xavier Gyati Advocate for the Respondent : P P of AP BEFORE HONBLE MR. JUSTICE BUDI HABUNG