Allowed

Md. Gulzar Hussain v. the State of Assam

Gauhati HC8 Apr 2024Bail Appln./581/2024

Case brief

AI extract

What is this about?

This order grants regular bail to three petitioners arrested in a cheating and forgery case involving fake gold. The court observed that the investigation has substantially progressed yet the petitioners remained in jail for 55 days without further interrogation, justifying their release.

What did the court decide?

Petitioners granted bail on furnishing bond of Rs. 50,000/- with one surety of like amount upon specific conditions.

Md. Gulzar Hussain Vs the State of Assam — Cheating and Forgery | Gauhati HC (2024)

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GAHC010063752024

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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./581/2024

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MD. GULZAR HUSSAIN S/O MD. ABDUL HAI RESIDENT OF VILLAGE MOHGULI BORGULA PS NORTH LAKHIMPUR DIST LAKHIMPUR ASSAM

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2: MD. TOYBUR RAHMAN S/O MUZZMEL RESIDENT OF VILLAGE NO. 2 SONAPUR PS BIHPURIA DIST LAKHIMPUR ASSAM 3: MD. ABDUL ALOM S/O MD. KUBED ALI RESIDENT OF VILLAGE NO. 2 SONAPUR PS BIHPURIA DIST LAKHIMPUR ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP ASSAM

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-----------Advocate for : MR. B CHOWDHURY Advocate for : PP

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ASSAM appearing for THE STATE OF ASSAM

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BEFORE HON’BLE MR. JUSTICE KAUSHIK GOSWAMI

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O R D E R

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09.04.2024.

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Heard Mr. B. Chowdhury, learned counsel for the petitioner. Also heard Mr. D. Das, learned Addl. Public Prosecutor, Assam for the State respondent.

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This is an application under Section 439 of the Cr.P.C., for granting regular bail to the petitioners, namely, (1) Md. Gulzar Hussain, (2) Md. Toybur Rahman and (3) Md. Abdul Alom who have been arrested on 15.02.2024, in connection with the Bihpuria P.S. Case No.11/2024, registered under Sections 120(B)/406/420/ 489(B)/489(C) of the IPC.

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The case of the prosecution is that on 22.01.2024, an FIR was lodged stating inter alia that upon receipt of information from a reliable source that one boy and a lady were carrying some materials suspected to be fake gold, a Police party headed to the spot and after searching, some small pieces of suspected to be gold were recovered from one Md. Ansarul Islam which was carried inside his shoe and on search, a gold colour boat shaped metal piece suspected to be fake gold was recovered from one Mustt. Anjuma Begum. It is the further case of the prosecution that on further interrogation, they stated that one Moinul Hoque and Md. Roshidul Islam were with them and also some other gang members who are running the racket of fake gold is connected with the offence alleged.

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Mr. B. Chowdhury, learned counsel for the petitioners submits that the

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petitioners have been wrongly implicated in the offence alleged. He further submits that the petitioners have been languishing in the jail since last 55 days.

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Mr. D. Das, learned Addl. P.P., Assam on the other hand strongly opposes the prayer for bail. He submits that the case diary reveals that there are adverse materials as regards the petitioners in relation to the offence alleged.

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I have heard the submissions made at the Bar and have perused the materials available on record.

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It appears that the investigation has substantially progressed. It further appears that the petitioners were last interrogated on 15.02.2024 and thereafter they have not been interrogated. It further appears that the petitioners have been languishing in the jail since last 55 days.

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Considering the length of detention and other circumstances of the case, this Court is of the considered view that further detention of the petitioners may not be justified for the ongoing investigation.

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Accordingly, it is provided that the petitioners, named above, shall be released on bail in connection with the above noted case on furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousands) only with one surety of like amount, for each of them, to the satisfaction of the learned CJM, Lakhimpur at North Lakhimpur.

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The bail granted to the petitioners shall be subject to the following conditions-

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i) The petitioners will co-operate with the investigation,

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ii) The petitioners will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case so

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as to dissuade such person from disclosing such facts to the Court or to any Police Officer; and

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iii) The petitioners will refrain from such activities with which they are alleged, failing which, bail orders shall stand cancelled.

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With the above observation, this bail application stands allowed and disposed of.

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Send back the case diary forthwith.

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JUDGE

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Comparing Assistant

Md. Gulzar Hussain v. the State of Assam

Case brief

What is this about?

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Md. Gulzar Hussain v. the State of Assam

Case brief

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