Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010010902025
2025:GAU-AS:1270
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./132/2025 IMRAN HUSSAIN S/O SHAHIDUL ISLAM, RESIDENT OF VILLAGE LENNGRIBORI, WARD NO. 5, PS MOIRABARI, DIST MORIGAON, ASSAM 782126 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR M RAHMAN, MOTIUR RAHMAN Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 07.02.2025
Heard Mr. M. Rahman, learned counsel for the accused and Mr. K. K. Das, learned Additional Public Prosecutor for the State respondent. 2. This application under Section 483 of the BNSS, 2023 is preferred by accused, namely, Imran Hussain, who has been languishing in jail hazot since 23.12.2024, in connection with the Moirabari P.S. Case No. 241/2022, under Sections 120(B)/406/419/420/468/471 IPC read with Sections 66(C)/66(D) of the IT Act and added Section 467 of the IPC, for granting bail. Page No.# 2/3
3. It is to be noted here that the aforementioned case has been registered on the basis of one FIR lodged by one Saed Samsul Alam Rahman, of L&T Financial Services on 15.12.2022. 4. The essence of allegation in the FIR dated 15.12.2022, is that some unknown persons, by using 75 different PAN numbers and 75 mobile numbers applied for consumer loans in digital platform of L&T Financial Services and to obtain the aforesaid loans they have uploaded 25 Aadhar Cards and several KYC documents as address proofs and photo IDs. Thereafter, they have availed the loan of Rs. 2,70,00,000/- and got the amount disbursed into 42 different bank accounts in 14 different banks. Thereafter, upon tracing geo location of the applications by the L&T Company, major locations were found under Moirabari and Laharighat territory in Morigaon district. Thereafter, disbursals were forwarded to one suspect, namely, Kuhinur Akhtara in the Indusind Bank Account No. 156000458311 and Ujjivan Small Finance Bank Account No. 3566110010005618 and thereby, they defrauded the L&T Company. 5. Mr. Rahman, learned counsel for the accused submits that the accused was shown arrested on 23.12.2024, and since then he has been languishing in jail hazot for last 47 days. Mr. Rahman further submits that one of the co-accused has already been granted bail by this court in BA No. 593/2023, vide order dated 27.02.2023. Mr.
Rahman also submits that he is ready to cooperate with the investigating agency and therefore, it is contended to allow the petition. 6. On the other hand, Mr. Das, learned Additional Public Prosecutor has produced the case diary before this court and submits that the IO has collected sufficient incriminating materials against the accused. Mr. Das further submits
Page No.# 3/3 that the offences are serious in nature, and the defrauded amount is more than crores of rupees and therefore, it is contended to dismiss the petition. 7. Having heard the submissions of learned counsel for both the parties, I have carefully gone through the petition as well as the documents placed on record and also perused the case diary with the assistance of learned Additional Public Prosecutor. 8. The case diary indicates that the present accused has availed 4 numbers of loan, wherein Rs. 25,78,945/- is involved. It further indicates that the IO has collected sufficient incriminating materials against him. The investigation is still going on and enlarging the accused on bail at this stage will hamper the investigation. 9. In view of above, this court is of the view that this is not a fit case where the privilege of bail can be extended to the accused. 10. Accordingly, this BA stands dismissed. 11. The case diary be returned. JUDGE Comparing Assistant