ABDUL RASHID AHMED @ RANJU ALI v. THE STATE OF ASSAM
Bail Appln./289/2025 · 2025-03-23
Mitali Thakuria
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6974 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6974 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010023102025
2025:GAU-AS:3255
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./289/2025 ABDUL RASHID AHMED @ RANJU ALI S/O LATE KHABIR ALI, R/O NIZARAPAR, NEAR LP SCHOOL, HOUSE NO 08, PS. NOONMATI, DISTRICT KAMRUP METRO, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. C K NATH, MR. AJAY SARMA,MR. S MUNIR Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER Date : 24-03-2025
Heard Mr. S. Munir, the learned counsel for the petitioner and also heard Mr. K. Baishya, the learned Additional Public Prosecutor appearing on behalf of the State respondent. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha
Page No.# 2/4 Sanhita, 2023, with prayer for bail as the petitioner is behind bars since 28.01.2025 in connection with Cyber P.S. Case No. 02/2025 u/s 61(2)/318(4)/319(2)/336(3)/316(2) of BNS, 2023. 3. Case Diary is received. Perused the same. Heard both sides. 4. It is submitted by Mr. Munir that the accused/petitioner is innocent and not connected with the alleged offence as stated in the FIR. Some documents of the bank accounts, ATM card etc. were recovered from the possession of the present accused/petitioner but all are found to be genuine and it is not a case that he created false account in the name of other person. Further it is submitted that the entire transactions were in fact done from Jharkand. More so, the accused/petitioner is behind a bars since last 57 days and thus the Investigating Officer got sufficient time for his custodial interrogation. Further he submitted that the accused/petitioner is from Kamrup district and he will appear before the Investigating Officer as and when his interrogation or his presence will be required. 5. Mr. Baishya, the learned Additional Public Prosecutor submitted that during the investigation sufficient incriminating materials have been collected by the Investigating Officer and it is a cyber-crime and one gang was involved in the said offence and he used to victimise some financially poor person and transactions were done through their accounts for safe transaction. But till date, the investigation is going on to know the source of those transactions and it is suspected that all the money was from unaccounted money and the source is to be investigated by the police. 6. Investigation is still under process. Though the case is not registered under in PMLA Act but it seems that some kind of money laundering is going through
Page No.# 3/4 the bank account. Accordingly, Mr. Baisyua raised objection in granting bail to the present petitioner. 7. Heard the submissions made by learned counsel for both sides. I have also perused the Case Diary. It is seen that the Investigating Officer has collected sufficient materials in the present case.
However, it is an admitted fact that the case is still under investigation and as stated by Mr. Baishya, the source of money etc. are yet to be investigated by police. However, it cannot be denied that the accused/petitioner is behind the bars since from last 57 days and from submission made by learned Additional Public Prosecutor as well as from the materials in the Case Diary, it can be held that the chance of filing the charge- sheet within 4/5 days may not be possible on the part of the investigating agency. In view of this, without going into further detail of the merit of the case and considering the length of detention, I find it proper to allow the present accused/petitioner to go on bail. 8. Accordingly, the accused/petitioner is released on bail on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned CJM, Kamrup. The accused/petitioner, namely Abdul Rashid Ahmed @ Ranju Ali, be enlarged on bail, subject to the following conditions:- (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threaten or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and
Page No.# 4/4 (iii) that the petitioner shall not leave the jurisdiction of the learned CJM, Kamrup without prior permission. The Bail Application stands disposed of.
JUDGE Comparing Assistant