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2020 DIGILAW 244 (GAU)

Mumtazul Islam @ Momtazul Islam v. State Of Assam

2020-02-20

MANISH CHOUDHURY

body2020
JUDGMENT 1. Heard Mr. K. Rahman, learned counsel for the accused-petitioner. Also heard Mr. M.P. Goswami, learned Additional Public Prosecutor for the State. 2. By this application under Section 438, Code of Criminal Procedure, 1973 (Cr.P.C.), the accused-petitioner viz. Mumtazul Islam @ Momtazul has prayed for pre-arrest bail apprehending his arrest, in connection with Laluk Police Station Case No. 467/2019 (corresponding to G.R. Case No. 3228/2019), registered under Sections 120B/420/489A/489D, I.P.C. 3. The concerned case diary, as called for, has been received by the by the learned Additional Public Prosecutor. 4. The FIR has been lodged on 27.02.2019 stating that in a search carried out in presence of the Gaonburah and other witnesses, one machine for making counterfeit currency notes; 56 nos. of counterfeit currency notes of Rs. 500 denomination; 4 nos. of counterfeit currency notes of Rs. 200 denomination; and other materials used for preparation of such counterfeit currency notes have been recovered from the house of the accused- petitioner. The materials collected during the course of investigation, as available in the case diary, corroborate about the involvement of the accused-petitioner in making counterfeit currency notes. 5. In such view of the matter, I do not find this to be a fit case to grant the privilege of pre-arrest bail under Section 438, Cr.P.C. to the accused-petitioner. This application accordingly, stands rejected.