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2025 DAILYLAW 12408 (GAU)

HANIFUR RAHMAN ALIAS HANIF v. THE STATE OF ASSAM

Bail Appln./1602/2025 · 2025-06-16

Susmita Phukan Khaund

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Judgment text

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Page No.# 1/3 GAHC010109072025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1602/2025 HANIFUR RAHMAN ALIAS HANIF S/O LATE AJIJUR RAHMAN R/O VILL- SONAPUR P.S.SONAPUR DIST. KAMRUP (METRO) ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR. N J DUTTA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 17.06.2025 Heard learned counsel Mr. N.J Dutta for the petitioner Md. Hanifur Rahman @ Hanif who has filed this application under Section 483 of the B.N.S.S, 2023 with prayer for bail as he is behind bars since 24.04.2025 in connection with Sonapur P.S Case No. Page No.# 2/3 69/2025 under Section 303(2)/318(4) of the B.N.S, 2023. The petitioner has prayed for bail submitting that further custodial detention may not be required for the progress of investigation. He has been behind bars for a prolonged period. He is alleged to have swapped ATM Card and withdrawn funds of the victim. Mr. P Borthakur, learned Additional Public Prosecutor, Assam has raised serious objections stating that the petitioner has been involved in similar offences and 14 cases have been registered against him relating to swapping of ATM Cards and illegally withdrawing money from the accounts of senior citizens. I have also scrutinized the Case Diary. Indeed, there are incriminating materials in the Case Dairy against the petitioner. However, I have considered the length of detention and the progress of investigation. Investigation has progressed substantially. It appears that further custodial detention may not be required. I have also considered the submissions that the petitioner is willing to co-operate with the remaining part of the investigation and to abide by any stringent bail conditions if imposed upon him. Considering all aspects, the petitioner is enlarged on bail of Rs 20,000/- with a suitable surety of like amount to the satisfaction of the Ld. Chief Judicial Magistrate, Kamrup(M) under the conditions that : (1) The petitioner shall refrain from such activities with which he is alleged. (2) The petitioner shall not exercise threats to the witnesses or tamper with the evidence, and (3) The petitioner shall not leave the jurisdiction of the Court without prior permission. On breach of any the aforementioned bail conditions, the Court is at liberty to cancel the bail granted to the petitioner. Send back the Case Diary. Page No.# 3/3 JUDGE Comparing Assistant