Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010273232024
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3898/2024 MOFIDUL ISLAM AND TWO ORS S/O MD. ABDUL ALI, RESIDENT OF VILLAGE AHMEDNAGAR, BIHPURIA, PS BIHPURIA, DIST LAKHIMPUR ASSAM 2: MD. NURJAMAL ISLAM @ MAHESWARI S/O MD. NABI HUSSAIN RESIDENT OF VILLAGE 2 NO. AHMEDNAGAR BIHPURIA PS BIHPURIA DIST LAKHIMPUR ASSAM 3: MD. ABDUL KALAM @ BABU S/O MD. MATIUR RAHMAN RESIDENT OF VILLAGE HATKHOLA PS SONAPUR DIST KAMRUP M ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR D MEDHI, MR K THAKUR,MR. S SARKAR Advocate for the Respondent : PP, ASSAM, Linked Case : Bail Appln./3889/2024 ALI AHMED S/O MD. SARAFAT ALI VILL- KHARIKATA SONAPUR P.O. SONAPUR P.S. KHETRI
Page No.# 2/3 DIST. KAMRUP (M) ASSAM PERMANENT RESIDENT OF VILL- SONAPUR BLOCK P.O. SONAPUR P.S. BIHPURIA DIST. LAKHIMPUR. VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MAHIBUR RAHMAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 04.02.2025 This is a common order for these two bail applications as both the bail applications have arisen out of the same FIR. 2. Heard Mr. B.M. Deka, the learned counsel appearing for the petitioners in BA/3898/2024 as well as Mr. M. Rahman, the learned counsel appearing for the petitioner in Bail Appln./3889/2024. Also heard Ms. N. Das, the learned Additional P.P. for the State of Assam. 3. Both these bail applications are filed u/s 483 of the BNSS, 2023, whereby the petitioners, Mofidul Islam, Md. Nurjamal Islam @ Maheswari, Md. Abdul Kalam @ Babu & Ali Ahmed have prayed for releasing them on bail after they were arrested in connection with S.T.F. P.S. Case No. 20/2024. 4. It is alleged in the FIR that on 20.11.2024, in a house located at Dwaraka Nagar, Arunoday Path behind Downtown hospital, police conducted raid. During the raid, police seized fake currency notes from the possession of Md. Mainul Hoque. He was arrested accordingly. 5. After that, the present petitioners were arrested. Page No.# 3/3
6. The petitioner, Ali Ahmed is the owner of the house, where the petitioners, Mofidul Islam, Md. Nurjamal Islam @ Maheswari & Md. Abdul Kalam @ Babu had resided as tenants.
Police recovered 4,59,000/- worth fake currency notes from the possession of Ali Ahmed and that is the reason why the petitioner, Ali Ahmed was arrested. So far as the other petitioners are concerned, they were arrested on the basis of the statements made by Ali Ahmed before police. 7. I have considered the submissions made by the learned counsel of both sides. 8. Since nothing was recovered from the possession of the petitioners, namely, Mofidul Islam, Md. Nurjamal Islam @ Maheswari & Md. Abdul Kalam @ Babu, they do not deserved to be detained in custody for any further period of time. Their bail application, i.e. BA/3898/2024 is allowed. 9. The three petitioners, Mofidul Islam, Md. Nurjamal Islam @ Maheswari & Md. Abdul Kalam @ Babu, who were arrested in connection with S.T.F. P.S. Case No. 20/2024, shall be released on bail of Rs.25,000/- each with sureties of like amount to the satisfaction of the learned C.J.M., Kamrup (M), Guwahati. 10. The Bail Appln./3889/2024 filed by the petitioner, Ali Ahmed is rejected. 11. With the aforesaid direction, both the bail applications are disposed of. CD shall be returned. JUDGE Comparing Assistant