Page No.# 1/3 GAHC010011252025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./144/2025 AJMAL HUSSAIN S/O LATE MUSARAF HUSSAIN PERMANENT RESIDENT OF VILL- HABI RADHAKUCHI P.O. RADHAKUCHI, P.S. BARPETA, DIST. BARPETA, ASSAM, PRESENT ADDRESS- BORAGAON, TETELIA, P.O. AND P.S. JALUKBARI, DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR. M A I HUSSAIN, MD A ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 04.02.2025 1. Heard Mr. M. A. I. Hussian, the learned counsel for the petitioner. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State respondent. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Ajmal Hussain, who has been shown arrested in Morigaon Page No.# 2/3 P.S. Case No. 396/2023 under Section 420 of the Indian Penal Code. 3. The gist of accusation against the present petitioner in this case is that on 03.11.2023 one Amit Kumar Baranwai, Chief Manager of the Punjab National Bank, Morigaon Branch had lodged an FIR before the Officer-in-Charge of Morigaon Police Station, inter-alia, alleging that the proprietor of M/s Majibur Enterprise, namely, Md. Majibur had an account in the Punjab National Bank, Morigaon Branch bearing Account No. 0291202100000405 and in that account several transactions have been noticed and information was received by email from several cyber cell police stations regarding the said transactions to be fraudulent. 4. The learned counsel for the petitioner has submitted that the petitioner is in no way involved in the offence alleged in the FIR. He further submits that the petitioner has been arrested merely on the basis of suspicion as he happened to be the friend of the main accused named in the FIR, namely, Majibur Rahman. 5. The learned counsel for the petitioner has further submitted that in the meanwhile, the FIR named accused Majibur Rahman has already been granted default bail in the connected case. He therefore, prays for allowing the petitioner to go on bail. 6. On the other hand, the learned Additional Public Prosecutor has produced the case diary of Morigaon Police Station Case No. 396/2023 and has vehemently opposed the grant of bail to the present petitioner on the ground that he is the accomplice with the main accused Majibur Rahman and there are incriminating materials against him in the case diary. 7. I have considered the submissions made by learned counsel for both the parties and have gone through the materials available on record, including Page No.# 3/3 the case diary of Morigaon P.S. Case No. 396/2023. 8. On perusal of the case diary, it appears that the statement of the present petitioner as well as the main accused have already been recorded. It also appears that the co-accused (Majibur Rahman) has already been granted bail on completion of the statutory period of detention. 9. The present petitioner has also undergone 41 days behind the bars and considering the length of detention and the above-mentioned facts, this Court is of opinion that his further detention may not be necessary, if he cooperates in the investigation. 10. In view of above, the above mentioned petitioner is allowed to go on bail of Rs. 30,000/-(Rupees Thirty thousand only) each with one surety of like amount subject to the satisfaction of the learned Chief Judicial Magistrate, Morigaon with the following conditions: i. That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts of the case before the Investigating Officer. ii. That the petitioner shall co-operate in the investigation. 11. With the above observation, this bail application is disposed of. 12. Send back the case diary. JUDGE Comparing Assistant