Dismissed

Ajij Ali @ Azizul v. the State of Assam

Gauhati HC15 Nov 2022AB/2822/2022

Case brief

AI extract

What is this about?

High Court entertained a petition for pre-arrest bail under Section 438 Cr.P.C. The petitioner alleged innocence and raised parity grounds. The court, finding a strong prima facie case, deep conspiracy, and evasion of arrest, rejected the bail prayer and returned the case diary.

What did the court decide?

Petition No. AB/2798/2022 was rejected; the prayer for pre-arrest bail was denied and the case diary was returned.

Ajij Ali @ Azizul Vs the State of Assam — Cheating and Forgery | Gauhati HC (2022)

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GAHC010194722022

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB/2798/2022

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RAFIKUL HUSSAIN S/O SORIFUL HUSSAIN PERMANENT RESIDENT OF VILL- GHAHIGAON, P.S. SOOTEA DIST. SONITPUR, ASSAM, PRESENT R/O EWS SARAIGHAT HOUSING COLONY, BLOCK-E, GUWAHATI, BELTOLA,

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KAMRUP (M), ASSAM-781028

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VERSUS

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THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. N J GOGOI

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Advocate for the Respondent : PP, ASSAM

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Linked Case : AB/2822/2022

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AJIJ ALI @ AZIZUL S/O CHAIFUDDIN ALI PERMANENT R/O VILL- KHUDRA FALADI BYASKUCHI P.S. SARTHEBARI DIST. BARPETA ASSAM- 781307

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VERSUS THE STATE OF ASSAM REP. BY THE PP ASSAM

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-----------Advocate for : MR. N J GOGOI Advocate for : PP ASSAM appearing for THE STATE OF ASSAM

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B E F O R E

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HON’BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

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15.11.2022

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Heard Mr. J. Kalita, learned counsel appearing for the petitioner as well as Mr. K.K. Das, learned Addl. P.P. appearing for the State.

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The petitioner, namely, Ajij Ali @ Azizul has filed this petition under Section 438 Cr.P.C praying for pre-arrest bail in connection with Dispur P.S. Case No. 2087/2022, under Section 120(B)/420/468/471 IPC (corresponding to G.R. Case No. 7619/2022).

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It is alleged that under his leadership three rooms were booked in a lodge “G.B. Guest House” situated near Pratiksha Hospital. These rooms were used for illegal activities like preparing forged documents, appointment letters, certificates in the name of Health and Social Welfare of the Govt. Of Assam for creating pecuniary advantage in their favour by cheating unemployed youths of Assam by supplying fake certificates as genuine. On a tip off, a search operation was conducted by the investigation agency. Four persons were apprehended from room no. 108 and three persons were apprehended from room no. 4 of

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“G.B. Guest House”.

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It is submitted that the petitioner is Rafikul Hussain’s driver, who is also accused in the above mentioned case. Rafikul Hussain and his associates have filed WP(C) 3900/2017 and WP(C) 4291/2018 and then several petitioners numbering up to 3888 have been pursuing the writ petition for regularizion of their service. Suddenly, the Dispur police raided their rooms and seized some documents connecting the petitioners with the above case. It is submitted that the petitioner is innocent and he is not at all linked with other co-accused persons.

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Learned counsel for the petitioner has prayed for bail on the grounds of parity that the co-accused persons are on bail. It is submitted that the petitioner is not involved with the alleged offence.

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Learned Addl. P.P. has raised serious objections against the bail prayer.

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It is submitted that the case diary reveals involvement of the petitioner in a deep rooted conspiracy with other co-accused persons. Their involvement is shown in an organized network committing offence against the society. The rooms in the “G.B. Guest House” have been occupied by the petitioner and his associates for one year. The petitioner has been evading arrest and when the co-accused persons have been granted bail after they have completed 60 days in the jail, the petitioner has approach this Court for pre-arrest bail.

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I have given my anxious consideration to the submissions at the Bar. The petitioners are alleged to have taken pecuniary advantage for themselves by cheating unemployed youths of Assam. They are alleged with an offence against the society. The modus-operandi as alleged, depicts that the offence was committed by an organized network in a cool, calculated and organized manner. Tampering of evidence cannot be ruled out even at this stage. There

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appears to be an apprehension of misusing liberty.

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I have considered the magnitude of the offence, the nature of accusation. I have also considered the role allegedly played by the petitioner. There is a strong prima facie case against the petitioner to reject the prayer for bail. There appears to be no justified ground to extend the privilege of anticipatory bail to the petitioner at this stage of investigation. Petition is rejected at this stage.

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Case diary is returned back.

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JUDGE

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Comparing Assistant

Ajij Ali @ Azizul v. the State of Assam

Case brief

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Ajij Ali @ Azizul v. the State of Assam

Case brief

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