Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010028192025
2025:GAU-AS:1694
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./352/2025 IMRAN HUSSAIN S/O SHAHIDUL ISLAM, RESIDENT OF LENNGRIBORI, WARD NO. 5, PS MOIRABARI, DIST MORIGAON, ASSAM 782126 VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM Advocate for the Petitioner : MOTIUR RAHMAN, MR M RAHMAN Advocate for the Respondent : PP, ASSAM,
Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK
17/02/2025 Heard Mr. M Rahman, learned counsel for the petitioner and Mr. M P Goswami, learned Additional Public Prosecutor, Assam for the State respondent. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Imran Hussain, son of Shahidul Islam, resident of Village-Lenngribori, Ward No. 5, P.S. Moirabari, District-Morigaon, seeking bail in Moirabari P.S. Case No. 241/2022 registered under Sections 120(B)/406/419/420/468/471 IPC read with Sections 66(C)/66(D) of IT Act and added Section 467 IPC corresponding to G.R. No. 2302/2022, wherein he was arrested on 23.12.2024 and is in custody since then. 3. Matter relates to committing of fraud of more than Rs.2.39 Crores of public money of L&T Financial Services. 4. The petitioner was arrested on 23.12.2024 on the basis of a production warrant issued by the Court of learned Judicial Magistrate, First Class, Morigaon, Assam and was accordingly produced before the learned Magistrate in said Moirabari P.S. Case No. 241/2022. 5. On perusal of the case diary, a Co-ordinate Bench of this Court by order dated 07.02.2025 passed in Bail Appln. No. 132/2025 rejected the bail prayer of the petitioner. Thereafter, the petitioner filed this bail application on 11.02.2025 without incorporating new ground except the length of his detention. 6. Mr. Rahman, learned counsel for the petitioner submitted that a Co-ordinate Bench of this Court by order dated 27.02.2023 passed in Bail Appln. No. 593/2023 released an accused of the case, namely, Md. Baharam Basha Ali in said Moirabari P.S. Case No. 241/2022 finding him to be in custody for about 64 days and that he is entitled for default bail under Section 167(2) Cr.P.C. However, the Court while rejecting the bail prayer of the petitioner by order dated 07.02.2025 passed in Bail Appln. No. 132/2025 considered the fact that the petitioner has been arrested with added Section 467 of the IPC. 7.
Case diary implicates the petitioner with regard to his involvement in the alleged crime of
Page No.# 3/3 committing fraud with the complainant’s financial institution. 8. Finding no such new ground to consider the bail prayer of the petitioner, the Court is not inclined to grant bail to the petitioner, named above, in said Moirabari P.S. Case No. 241/2022 considering his detention in custody since 23.12.2024. 9. Accordingly, this bail application of the petitioner, Imran Hussain, in said Moirabari P.S. Case No. 241/2022 stands rejected. JUDGE Comparing Assistant