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2025 DAILYLAW 14766 (GAU)

RAHINUR RAHMAN v. THE STATE OF ASSAM

Bail Appln./2037/2025 · 2025-06-23

Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/3 GAHC010136122025 2025:GAU-AS:8513 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2037/2025 RAHINUR RAHMAN S/O- MOHIBUR RAHMAN. VILL.- TIAMARI PART-II, SOUTH TIAMARI, P.S.- GAURIPUR. DIST.- DHUBRI, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A M KHAN, MR T T MONI,MD. R ALI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 24.06.2025 1. Heard learned counsel Mr. R. Ali for the petitioner Rahinur Rahman who has filed this application under section 483 of the BNSS, 2023 with prayer for bail as he is behind bars since 13.05.2025 in connection with Kazigaon P.S. Case No. 31/2025 Sections 420/468/471 of the IPC with added Section 409 of the IPC. Page No.# 2/3 2. Heard learned Additional Public Prosecutor, Mr. M. P. Goswami for the respondent State. 3. It is submitted on behalf of the petitioner that further custodial detention may not be required as the petitioner is behind bars for 42 days. It is further submitted that the lady who had produced the birth certificate allegedly forged by the petitioner has also been arrested in connection with this case. The petitioner has pledged to co-operate with the remaining part of investigation. 4. The FIR unfolds that the lady namely Asma Khatun had approached him with a birth certificate with the seal of the Office of Registrar of Births and Deaths, Dhubri Medical College and Hospital. 5. On scrutinizing the same, the Superintendent of the Office strongly suspected the certificate to be a fake certificate. And thereafter, an FIR was lodged and investigation commenced. 6. I have considered the submissions at the Bar with circumspection. 7. Learned Additional Public Prosecutor has raised serious objection stating that this is a serious offence and further investigation is required. To consider the bail petition, Case Diary is also necessary. 8. However, I have considered the submission on behalf of the petitioner that the petitioner is a local resident and he is willing to co-operate with the remaining part of investigation. It appears that further custodial detention may not be required as the petitioner has been behind bars for 42 days. 9. In view of my foregoing discussions, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs.50,000/- with a suitable surety of like amount to the satisfaction of the learned CJM, Kokrajhar, under Page No.# 3/3 the conditions that: (i) The petitioner shall co-operate with the remaining part of investigation, (ii) The petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation, and (iii) The petitioner shall not jump the bail. 10. On breach of any of the bail conditions, the learned Court is at liberty to immediately cancel the bail granted to the petitioner. 11. This application stands disposed of. JUDGE Comparing Assistant