Allowed

Baharul Islam v. the State of Assam

Gauhati HC8 Aug 2022Bail Appln./1666/2022

Case brief

AI extract

What is this about?

In a bail application under Section 439 CrPC, the Gauhati High Court allowed the release of the accused on bail linked to allegations of money misappropriation and theft from his employer, finding further custodial detention unnecessary.

What did the court decide?

Accused enlarged on bail by furnishing a bail bond of Rs. 25,000 with two sureties of like amount subject to conditions of cooperation, non-inducement of witnesses, and non-obstruction of investigatio

Baharul Islam Vs the State of Assam — Money Laundering | Gauhati HC (2022)

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GAHC010138292022

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

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Case No. : Bail Appln./1666/2022

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BAHARUL ISLAM S/O ABDUL HASEN VIL- PUB KAWAIMARI P.O JUMURMUR P.S. KAMPUR DIST. NAGAON, ASSAM PIN-782427 PRESENTLY RESIDING AT R/O BISHNUNAGAR PABJABARI P.O. UDDAYAN BIHAR DIST. KAMRUP (M), ASSAM PIN- 781037

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VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MD. R ALI

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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Date : 08-08-2022

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Heard Mr. R. Ali, learned counsel for the accused-petitioner and Mr. P. Borthakur, learned Additional Public Prosecutor for the respondent State of Assam.

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By this application under Section 439, Code of Criminal Procedure, 1973, the accused-petitioner viz. Baharul Islam has prayed for his release on bail in connection with Satgaon Police Station Case no. 104/2022, registered for offence under Sections 379/406/420/477[A], Indian Penal Code.

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In the First Information Report [FIR] lodged by the informant, it has inter alia been alleged that the accused-petitioner who had been working as a Manager of the informant’s shop, M/s N.A. Traders for last 10 years with an initial salary of Rs. 5,000/- which was subsequently enhanced as Rs. 16,000/per month, had misappropriated a huge amount of money. It is the allegation in the FIR that the accused-petitioner after receipt of money meant for M/s N.A. Traders, used to deposit the amounts in his personal bank accounts maintained at UCO Bank and SBI Bank respectively. Allegation is also made to the effect that the accused-petitioner used to collect money from the contractors and suppliers by cash and instead of crediting in the account of M/s N.A. Traders, the said cash amounts, he used to deposit the same in his personal accounts. The FIR has also alleged that the accused-petitioner by misappropriating a huge amount of money, had opened a number of fixed deposit accounts/insurance policies and constructed a RCC building in his native village.

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The accused-petitioner was apprehended and after arrest, he was

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produced before the learned Court of Chief Judicial Magistrate, Kamrup [M] on 07.07.2022 and since then, he is in custody.

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Learned counsel for the accused-petitioner has submitted that considering the facts that the accused-petitioner is in custody since 07.07.2022; and considering the fact that the investigation might have progressed sufficient, further custodial detention of the accused-petitioner may not be necessary.

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Mr. Borthakur, learned Additional Public Prosecutor who has received the case diary, has submitted that in the course of investigation, the Investigating Officer of the case has collected the details of the bank accounts maintained by the accused-petitioner and other related document. From the statements of accounts pertaining to those bank accounts, it has prima facie been revealed that the accused-petitioner had deposited various sums of money, meant and collected for M/s N.A. Traders, in his own bank accounts at various points of time. It is his submission that the investigation of the case has proceeded in the right direction and has progressed substantially.

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Having regard to the materials available in the case diary; considering the facts that the investigation of the case has progressed substantially in the meantime; and that the period of detention of the accused-petitioner in custody since 07.07.2022, this Court is of the considered view that custodial detention of the accused-petitioner for any further period for the purpose of carrying out further investigation appears not necessary and if the accused-petitioner is released on bail, at this stage of investigation, further investigation of the case is not likely to be prejudicially affected, provided he continues to extend his assistance and cooperation in the further investigation of the case.

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Accordingly, the accused-petitioner is allowed to be enlarged on bail on

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furnishing a bail bond of Rs. 25,000/- with two sureties of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup [Metro] at Guwahati, subject to the following conditions :-

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[1] The accused-petitioner shall co-operate with the investigation and make himself available for interrogation as and when his presence is called for by the Investigating Officer (I.O.) of the case;

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[2] The accused-petitioner shall not, directly or indirectly, make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer; and

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[3] The accused-petitioner shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police.

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This application stands disposed of in the afore-mentioned terms.

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JUDGE

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Comparing Assistant

Baharul Islam v. the State of Assam

Case brief

What is this about?

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Baharul Islam v. the State of Assam

Case brief

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