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2025 DAILYLAW 14941 (GAU)

SHAHINUR KHATUN v. THE STATE OF ASSAM

Bail Appln./2074/2025 · 2025-07-28

Mitali Thakuria

body2025

Judgment text

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Page No.# 1/5 GAHC010139822025 2025:GAU-AS:9735 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2074/2025 SHAHINUR KHATUN W/O MD. RUBUL AMIN @ RUHUL AMIN R/O VILL- NADIYAPARA (GUNIALGURI) P.S. KALGACHIA P.O. GUNIALGURI DIST. BARPETA ASSAM PIN- 781319 VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MD. S ALOM Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No.# 2/5 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 29.07.2025 Heard Md. S. Alom, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State respondent. 2. This is an application under Section 483 of BNSS, 2023 praying for grant of bail to the accused/petitioner, who has been arrested in connection with Tezpur P.S. Case No. 360/2025, under Sections 316(3)/318(4) of BNS, 2023. 3. Case Diary has been received and I have perused the same. 4. It is submitted by Md. Alom, learned counsel for the petitioner, that the present accused/petitioner is innocent and she is no way connected in the alleged offence. However, she got arrested in connection with this case only on the ground that she was one of the Director of the RTMT Credit Service Ltd. However, she has not committed any such offence as alleged in the F.I.R. She was earlier remanded for 5 (five) days police custody and thereafter there was no prayer for any custodial interrogation by the I.O. in connection with this case. Md. Alom further submitted that the present petitioner was arrested on 03.06.2025 and till date, she has been in custody for last 57 days. The police had already collected all the relevant documents and materials and hence, further custodial interrogation of the present petitioner may not be required for the interest of investigation. However, the petitioner is ready and willing to co- Page No.# 3/5 operate the I.O. in further investigation of the case if she is granted with the privilege of bail. 5. Mr. Sarma, learned Additional Public Prosecutor, submitted in this regard that the present accused/petitioner is also involved in the alleged offence and the Case Diary reveals sufficient incriminating materials against her. He further submitted that the present petitioner, in conspiracy with the other accused persons, created E-Mandate Account and thereby they used to transfer the money even without generating OTP. Further he submitted that all the accused persons fraudulently transferred more than Rs. 3.28 Crores from the account of one deceased person, namely, Pradip Tibrewal. He further submitted that the present petitioner and one of the co-accused persons, namely, Ruhul Amin, were the Directors of the said RTMT Company and they, along with the present petitioner, are very much involved in the alleged offence. He also submitted that another co-accused person, namely, Shahidul Islam, introduced the accused- Ruhul Amin to accused- Sonowar Hussain and thereafter they all created the E- Mandate Account and transferred the entire aforesaid amount to the account of the said RTMT Company. Mr. Sarma further submitted that from the order passed by the learned Court below, it reveals that around more than Rs. 2.83 Crores had already been seized from the account of the said RTMT Company and the same was given zimma to the complainant. But till date, more than Rs. 40 Lakhs are yet to be recovered and some of the accused persons, who are also involved in the alleged offence, are still absconding and yet to be nabbed in connection with this case. Accordingly, Mr. Sarma submitted that further custodial interrogation of the present petitioner may be required for the interest of investigation and hence, considering the nature and gravity of the offence, he Page No.# 4/5 raised objection in allowing the accused/petitioner on bail at this stage. 6. After hearing the submissions made by the learned counsel for both sides, I have also perused the Case Record and the Case Diary and it is seen that the I.O. has collected sufficient incriminating materials against the present petitioner. However, considering the length of detention already undergone by the accused/petitioner and also considering the fact that there is no probability of filing the charge-sheet within 4-5 days by the I.O. as the matter is still under investigation, this Court is inclined to grant bail to the accused/petitioner. 7. Accordingly, it is provided that on furnishing a bond of Rs. 50,000/- (Rupees fifty thousand) only with 1 (one) surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Sonitpur, Tezpur, the accused/petitioner, namely, Shahinur Khatun, be enlarged on bail, subject to the following conditions: (i) that the petitioner shall make herself available for interrogation by the Investigating Officer as and when required; (ii) that the petitioner 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 Court or to any police officer; and Page No.# 5/5 (iii) that the petitioner shall not leave the jurisdiction of the learned Chief Judicial Magistrate, Sonitpur, Tezpur, without prior permission. 8. In terms of above, this bail application stands disposed of. 9. Case Diary be send back. JUDGE Comparing Assistant