Page No.# 1/4 GAHC040016762024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/124/2024 Rehena Khatun @ Rehana Khatun Wife of Yakub Ali, Village Chunbari, PO Kalpani, PS Gobardhana, District Barpeta, Assam 781315 VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Mustafa Khaddam Hussain, Azizur Rahman,Asfia Ahmed Advocate for the Respondent : P P of AP, B E F O R E HON’BLE MR. JUSTICE KARDAK ETE ORDER 10.01.2025 Heard Mr. A. Rahman, learned counsel for the applicant. Also heard Ms. T. Jini, learned Addl. P.P. for the State. 2. This is an application under Section 483 of the BNSS, 2023, for granting of Page No.# 2/4 bail to the accused Yakub Ali, in connection with Naharlagun P.S. Case No. 81/2024, under Section 420 IPC, who has been arrested on 05.11.2024. 3. The case leading to filing of this application and arrest of the applicant, emanates from an FIR filed by one Shri Amrudi Ali, which is reproduced herein below:- To The Officer in Charge Naharlagun Police Station, Dist. Papum Pare Arunachal Pradesh-791110 Sub: F.I.R against Yakub Ali for the offences of cheating, Fraud cases. R/Sir, With due respect and humble submission, I would like to inform you that, Sir 1st or 2nd weeks month of November 2023, above mentioned namely Shri Yakub Ali through online advertisement of Vio5globel.com he member of post chairman said to me. He told me to invest some money like fixed deposit with I get biggest interest, and withdraw money before one year any time, I invest the money, but, now I am worried about my money. Because of no any option left for me now and still he is totally missing without informing to any of us, and phone call totally ignoring. 1 have paid totally amount approx. Rs. 405000/-(Four lakhs five thousand) only. Through online transaction to His bearing account No. HDFC bank 50200055784810, IFSC code No. HDFC0001644. FROM Account No namely Amir Hussain Ali 1. Axis Bank A/C No. 919010028017734. Naharlagun Branch 2. ICICI Bank A/C No. 259301502423 Naharlagun Branch 3. Canara bank A/C No. 79412010002600. Naharlagun Branch 4. Anir Electronics HDFC Bank A/C No. 50200071508604. Naharlagun Branch 5. Name Amrudi Ali HDFC Bank A/C No. 50200049229282. Naharlagun Branch 6. Name Md. Wasim Akram Canara Bank A/C No. 0142101037086. Darbhanga Branch, Bihar. So I need return money back from Yakub Ali, He is totally missing approximately from since 4 month. And now I am very worry about the money. So, I request you to kindly register a F.I.R for the above mentioned incident. And take necessary action against him as per the law. Page No.# 3/4 This is for kind considerations and necessary action please. Thanking you sir.” 4. Upon receipt of the above FIR, Naharlagun P.S. Case No. 81/2024, under Section 420 IPC was registered and thereafter, the accused Yakub Ali was arrested on 05.11.2024. 5. Essentially the applicant prays for default bail in view of the fact that the accused Yakub Ali was arrested on 05.11.2024, who is in judicial custody for more than 66 days by now and no charge-sheet has been filed as on date. 6. Ms. T. Jini, learned Addl. P.P. has produced the case diary and fairly submits that by the operation of law, the accused is entitled for default bail. 7. In the case of Rakesh Kumar Paul Vs. State of Assam reported in (2017) 15 SCC 67, the Hon’ble Supreme Court has held the default bail under Section 167(2) of Criminal Procedure Code, 1973, (corresponding to Section 187(3) of BNSS, 2023) as indefeasible right when the charge-sheet is not filed within the period prescribed. 8. Section 420 of the IPC relates to the offence of cheating and dishonestly inducing someone to deliver property or goods. It also applies when a person is deceived into altering or destroying a valuable security are documents capable of being converted into a valuable security. The punishment can extend up to 7 years of imprisonment and fine. 9. In the present case alleged offence is under Section 420 of IPC. The petitioner was admittedly arrested on 05.11.2024 and no charge-sheet has been filed as on today, even after a lapse of 66 days by the police. Since, the punishment of the alleged offence may be extended up to 7 years of imprisonment and fine, Section 166(2) (ii) of Cr.P.C, corresponding to Section Page No.# 4/4 187(3)(ii) of the BNSS, 2023, shall be applied. 10. Having considered that the applicant was arrested on 05.11.2024 and charge-sheet has not been filed as on today, even after lapse of 66 days by the police, I am of the view that the accused is entitled to be released on default bail. Thus, accused Yakub Ali is admitted to default bail. Accordingly, the accused person, namely Yakub Ali be released on bail in connection with Naharlagun P.S. Case No. 81/2024, under Section 420 IPC, forthwith. 11. Bail application stands allowed and disposed of. JUDGE Comparing Assistant