Imran Hussain Vs the State of Assam

2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Imran Hussain, son of Shahidul Islam, resident of Village-Lenngribori, Ward No. 5, P.S. Moirabari, District-Morigaon on 18.02.2025 , seeking bail in Moirabari P.S. Case No. 241/2022

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registered under Sections 120(B)/406/419/420/468/471 IPC read with Sections 66(C)/66(D) of IT Act and added Section 467 IPC corresponding to G.R. No. 2302/2022, wherein he was arrested on 23.12.2024 and is in custody since then.

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3. The petitioner was arrested on 23.12.2024 on the basis of a production warrant issued by the Court of learned Judicial Magistrate, First Class, Morigaon, Assam and was accordingly produced before the learned Magistrate in said Moirabari P.S. Case No. 241/2022.

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4. This is petitioner’s 3^rd bail application in said Moirabari P.S. Case No. 241/2022.

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5. Earlier the Court on 07.02.2025 in Bail Application No. 132/2025 and in Bail Application. No. 352/2025 on 17.02.2025 rejected the bail prayer of the petitioner in said Moirabari P.S. Case No. 241/2022.

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6. It is contended by the petitioner that one of the accused persons of the case, namely, Md. Baharam Basha Ali was granted bail by a Co-ordinate Bench of this Court on 27.02.2023 in Bail Application No. 593/2023.

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7. Mr. M Rahman, learned counsel for the petitioner submitted that considering the parity where the co-accused person of the same police station case has already been released on bail, bail prayer of the present petitioner should be considered.

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8. Perused the case diary placed before the Court today by Mr. B Sharma, learned APP, Assam.

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9. Matter relates to obtaining loans from L&T Financial Services by the petitioner and other accused persons of the case by forging Adhar Cards, Pan Cards as well as by impersonation.

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10. From the case diary it is seen that in said Moirabari P.S. Case No. 241/2022 a total of Rs. 2,58,42,510/- was fraudulently withdrawn by the accused persons of the case out of which an amount of Rs. 23,28,356/- was frozen in the accounts of the accused persons of the case and Rs. 1,22,000/- in cash was recovered from the accused persons.

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11. In the case in hand, as per the case diary, the petitioner impersonated himself as one Rajiv Khanna by forging Adhar Card, Pan Card and created 5 different fake accounts in the name

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of said Rajiv Khanna. The petitioner by impersonating himself procured online loans from L&T Financial Services in those 5 fake accounts in the name of said Rajiv Khanna amounting to – (i) Rs. 3,11,750/-, (ii) Rs. 4,04,495/-, (iii) 7,23,950/-, (iv) Rs. 7,23,950 and (v) Rs. 4,14,800/- and altogether the petitioner is involved in withdrawing Rs. 25,78,944/- from L&T Financial Services by forging the documents.

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12. The petitioner along with two of his associates, namely, Sahinur and Atabur Rahman created large numbers of fake accounts in the HDFC Bank in the name of one Rajiv Khanna and had fraudulently withdrawn the amount of money from said L&T Financial Services.

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13. It is also seen from the case diary that some of the accused persons of the case are yet to be apprehended, who are evading arrest.

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14. Case diary implicates the petitioner with regard to his involvement in the alleged crime of committing fraud with the complainant’s financial institution.

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15. Considering such incriminating materials in the case diary regarding the involvement of the petitioner in the alleged crime, this Court is of the opinion that his detention since 23.12.2024 cannot be considered for his bail in said Moirabari P.S. Case No. 241/2022.

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16. Accordingly, this bail application of the petitioner, Imran Hussain , son of Shahidul Islam in said Moirabari P.S. Case No. 241/2022 , stands rejected .

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17. Return the case diary herewith.

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JUDGE

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Imran Hussain v. the State of Assam

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Imran Hussain v. the State of Assam

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