Page No.# 1/5 GAHC010006232025 2025:GAU-AS:1010 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./94/2025 IKRAM HUSSAIN S/O LATE IKBAL HUSSAIN R/O SANTIPUR, MASJID ROAD, GUWAHATI, PIN- 781009, P.S. BHALAUMUKH DIST. KAMRUP (METRO), ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MS. T SOM, MS S ISLAM,MS. U HAZARIKA Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 29.01.2025 Heard learned counsel, Ms T Som, for the petitioner, Ikram Hussain, who has filed this application under Section 483 of the BNSS, with prayer for bail as he is behind bars since 03.01.2025, in connection with Bharalumukh PS Case No. 353/2023, under Sections 120(B)/395 IPC, read with Section 25-(I-A) of the Arms Act. Page No.# 2/5 2. Heard Mr D P Goswami, learned Additional Public Prosecutor for the State of Assam. 3. The learned Additional Public Prosecutor has raised objection as there incriminating materials in the Case Diary against the petitioner. 4. I have also scrutinized the Case Diary. 5. It is submitted on behalf of the petitioner that although the petitioner is booked under the Arms Act, the petitioner is not complicit as he was not the perpetrator, who used arms to commit dacoity. 6. It is submitted that no overt act has been attributed to the petitioner. 7. The FIR unfolds that a Police Team led by SI Mobarak Ali and SI Anurag Bora of Bharalumukh Police Station, accompanied by some civilians, namely, Khairul Haque, Biki Ali, Sarif Tanwar and Sonu Ali, on 21.11.2023, at about 09:00 pm, conducted a raid in the rented house of Suno Sharma at Athgaon and recovered cash of Rs. 1,69,70000/- (Rupees One Crore Sixty-Nine Lacs Seventy Thousand) from two persons, namely, Debkaran Sen and Manoj Kumar, both from Rajasthan, vide Bharalumukh PS GDE No. 32, dated 21.11.2023. This cash and the two persons, namely, Debkaran Sen and Manoj Kumar were handed over to the officials of the Income Tax Department after following due procedure. However, from confidential sources, it was uncovered that the Police personnel and the civilians looted a bag containing huge amount of cash from the place of occurrence, by threatening and assaulting the inmates in the place of occurrence with Page No.# 3/5 their service weapons. Only a part of the money recovered from the above two persons from Rajasthan, was handed over to the Government officials, which resulted in seizure of lesser amount of money found from the rented house of Sano Sharma. 7.1. On receiving the secret information, an enquiry was conducted by the informant under the direction of the DCP, West Guwahati, and it was unearthed that the two Police personnel along with the civilians hatched up a conspiracy for looting the cash from the place of occurrence. During enquiry, one Khairul Haque was picked up and interrogated in the morning of 30.11.2023. During interrogation, Khairul Haque confessed about his involvement in looting the money along with the Police personnel and he stated that the Police personnel, SI (P) Mobarak Ali and SI (P) Anurag Bora, one Reporter, namely, Toufique Ahmed, along with other civilians, namely, Biki Ali, Sarif Tanwar and Sonu Ali, hatched up a conspiracy to conduct raid in the rented house, where a huge amount of cash was stored. The two Police personnel along with Biki Ali, Sonu Ali and Khairul Haque in the pretext of a Police raid, entered into the room occupied by Debkaran Sen and Manoj Kumar of Rajasthan and conducted a search operation ad took away a bag filled with cash. 7.2. During investigation, it was unearthed that Rs. 7,30,000/- was recovered from the house of Khairul Haque. Rs. 17,50,000/- was recovered from the house of one Rasiye Begum, as led by SI(P) Mobarak Ali, which was kept concealed by SI(P) Mobarak Ali in Rasiye Begum’s house. Rs. 9,00,000/- was recovered from the possession of Nazmul Page No.# 4/5 Khan (Little Khan) and Rs. 4,00,000/- was recovered from the possession of Toufique Ahmed. During interrogation, the accused Sarif Tanwar and SI(P) Anurag Bora, also confessed of being in possession of Rs. 7.5 lacs and Rs. 5 lacs, respectively. 8. I have considered the submission that the petitioner is willing to cooperate with the investigation. 9. I have considered the submission that the petitioner in compliance of the order of this Court in connection with AB No. 3053/2024, has surrendered before the Elaka Magistrate, and he was forwarded to custody on 03.01.2025. 10. I have considered the submission that all the co-accused have been enlarged on bail. The petitioner’s case is on the same footing. The petitioner has cooperated with the investigation. 11. I have considered the submission that he petitioner is a local resident and he is not a flight risk. The petitioner is willing to abide by any stringent conditions, if imposed upon them. 12. Considering all aspects, petition is allowed. The petitioner is enlarged on bail of Rs. 50,000/-, with one suitable surety of the like amount to the satisfaction of the learned jurisdictional Court/Elaka Magistrate, under the conditions that:- i) the petitioner shall appear before the IO on every fortnight, till completion of investigation, Page No.# 5/5 ii) the petitioner shall refrain from such activities with which he is alleged, and iii) the petitioner shall not leave the jurisdiction of the Court without prior permission. 12.1. On breach of any of the bail conditions, the learned jurisdictional Court/Elaka Magistrate is at liberty to immediately cancel the bail granted to the petitioner. 13. Bail Application stands disposed of. 14. Send back the Case Diary. JUDGE Comparing Assistant