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2022 DIGILAW 206 (GAU)

Md. Ataur Rahman v. State of Assam

2022-02-28

AJIT BORTHAKUR

body2022
JUDGMENT : 1. Heard Mr. M. Rahman, learned counsel appearing for the accused petitioners as well as Mr. P. Borthakur, learned Addl. P.P., Assam appearing for the State respondent. By this second petition under Section 439 Cr.P.C., the accused-petitioners, namely, 1. Md. Ataur Rahman, 2. Md. Jiyaur Rahman, have prayed for grant of bail in connection with Dhekiyajuli P.S. Case No.717/2021 under Sections 420/406/489(A) of the IPC. 2. The case diary, as called for, is placed before the Court. 3. The FIR reveals the allegation that the informant ASI received a secret information regarding a swift vehicle, bearing registration No. AS-12X4819, loaded with money, which came after selling fake currency printing machine. The informant ASI along with his team went to Orang Police Check Post and conducted search in all vehicles. During search, a heavy amount of cash was recovered from the above mentioned vehicle and, accordingly, the same was seized. The passengers of the vehicle were arrested as they were unable to give any satisfactory answer regarding such huge amount of money. 4. It is noticed that the accused petitioners are in judicial custody for 80 days since 09.12.2021. 5. The earlier bail application being B.A. 3689/2021 was rejected by an order, dated 19.01.2022, which reads as hereunder:- 'It is noticed that the accused petitioners are in judicial custody for 42 days since 09.12.2021. The seizure memo reveals that Rs.5,77,750/- was seized from the joint possession of the accused petitioners and another at Saikia Chuburi on N.H. No. 15. The case diary reveals that the aforesaid seized money contained the seal impression of State Bank of India, Iewduh Branch, Shillong. The note of Investigating Officer, dated 11.01.2022 shows that the seized money was received by means of cheating of some persons of Shillong and the investigation into this crucial aspect is still on. The accused petitioners have taken the stand that the seized money was genuine currency notes taken on private loan and they carried back the same home from Guwahati GNRC as the same could not be utilized for kidney treatment of one of their family members, but as per police investigation report, the same was prima facie received in exchange for fake currency notes. The investigation is yet to be completed. The investigation is yet to be completed. Therefore, this Court is of the opinion that if the liberty of bail is granted to the accused petitioners, the ongoing investigation is likely to be adversely affected.' The case diary does not reveal any further new implicating evidence against the accused petitioners. Although as noted in the earlier bail rejection order, there is clear prima facie evidence against the accused petitioners, the case diary does not show any requirement of further continuation of their detention in the interest of the ongoing investigation. Accordingly, on the ground of length of detention only, it is provided that the accused petitioner, named above, shall be released on bail of Rs.50,000/- with two sureties each of like amount to the satisfaction of the learned C.J.M., Tezpur, Sonitpur subject to the following conditions- (i) That the accused petitioners shall cooperate with the Investigating Officer as and when required; and (ii) That the accused petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Police Officer or the Court; and (iii) That the accused petitioners shall refrain from committing any similar offences in future of which they are suspected of commission. 6. Return the case diary. 7. This disposes of the bail application.