Accused in ATM card-swap theft case under Sections 420/379 IPC sought regular bail. The court found sufficient incriminating materials in the case diary, ongoing investigation, and co-accused still at large, concluding bail would hamper investigation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/3
GAHC010087692024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1273/2024
NURUDDIN KHAN S/O RABI KHAN
R/O VILL- BHAUKAMARI, P.S. AND DIST. BARPETA, ASSAM
VERSUS
THE STATE OF ASSAM REP BY THE PP, ASSAM
Advocate for the Petitioner : MR. N J DUTTA
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER
16.05.2024
Heard Mr. N. Ahmed, learned counsel for the accused and Mr. K.K. Das, learned Additional Public Prosecutor for the State respondent.
2. This application under Section 439 of the Code of Criminal Procedure, 1973, is preferred by accused namely, Nuruddin Khan , who has been languishing in jail hazot in connection with the Patacharkuchi P.S. Case No. 59/2024 , under Sections 420/379 of the IPC, for granting bail.
3. The said case has been registered on the basis of an FIR lodged by one
Page No.# 2/3
Uday Deka, on 19.03.2024. The essence of allegations made in the FIR is that on 08.12.2023, at about 11/12 pm, he has withdrawn money from the SBI ATM situated at Sarupeta, then three unknown persons asked him that one option has displayed in the ATM, then he again put his ATM in the machine to find out his mini statement, but he could not succeed in the same. Thereafter, on 11.12.2023, he came to know that a sum of Rs. 41,000/- were withdrawn from his account, then through his YONO App, he checked his statement and came to know that someone has withdrawn money from the SBI ATM situated at Bhawanipur and then he got to know that the ATM, which was with him belonged to one Bhabesh Muchahari and therefore, he strongly suspects that those three boys could have exchanged his ATM. Thereafter, on 18.03.2024, he came to know that Bajali Police has detained three persons in ATM stealing case and after seeing their photo of them he could recognize those three persons who were involved in his ATM stealing incident.
4. Mr. Ahmed, learned counsel for the accused submits that the accused was arrested on 16.03.2024, and since then he has been languishing in jail hazot for last 46 days and that he is innocent and no way involved with the offence alleged in the FIR, and therefore, it is contended to allow this petition.
5. On the other hand Mr. Das, learned Additional Public Prosecutor by producing the case diary before this Court submits that the I.O. has collected sufficient incriminating materials against the accused and that the investigation is still going on and therefore, it is contended to dismiss the petition.
6. Having heard the submission of learned counsel for both the parties, I have carefully gone through the petition as well as the documents placed on record and also perused the case diary with the assistance of learned Additional Public Prosecutor.
7. Perusal of the case diary reveals that the I.O. has collected sufficient
Page No.# 3/3
incriminating materials in support of the allegation made in the FIR. Further it appears that the investigation is still going on and the co-accused are yet to be arrested. And as such, enlarging the accused, at this stage, will hamper the investigation.
8. In view of above, this Court is of the view that this is not a fit case where the privilege of bail can be extended to the accused.
9. Accordingly, the petition stands dismissed.
10. The case diary be returned.
Comparing Assistant
JUDGE
1 issue framed by the court
Whether the accused in an ATM card-theft and withdrawal case should be granted bail under Section 439 CrPC while investigation continues.
2 provisions across 2 enactments
Nuruddin Khan
The State of Assam rep by the PP, Assam
Robin Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
