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Page No.# 1/3 GAHC010064652025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/743/2025 REJUWAN AHMED S/O. NUR MOHAMMAD, R/O. VILL.- CHENIMARI, P/S. JAGIROAD, DIST. MORIGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : MD B ISLAM, F KHATUN,MR A ALAM,MR. A A MONDAL Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 25.04.2025
Heard Mr. B. Islam, learned counsel for the applicant. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent. 2. Apprehending arrest in connection with Jagiroad P.S. Case No. 9/2024, under Sections 120B/420/468/471 of the IPC, this application under Section 482, BNSS is preferred by applicant, namely, Rejuwan Ahmed, for grant of pre-
Page No.# 2/3 arrest bail. 3. Notably, the aforementioned case has been registered on the basis of an F.I.R. lodged by one Sourav Mandal, on 05.01.2024. 4. The essence of allegation made in the FIR dated 05.01.2024, is that one Partha Pratim Bordoloi is involved with fraudulent activities of issuing Aadhar Cards at Dhupguri Gaon Panchayat, under Deputy Commissioner, Kamrup (M) at Guwahati and he prepared more than 700 fake Aadhar Cards by submitting fake and fraudulent documents along with one Salam Ali, Hafijur Rahman and others by using the Station I.D. - 83125 of Partha Pratim Bordoloi. 5. Mr. Islam, learned counsel for the applicant submits that the applicant is innocent and no way involved with the offence alleged in the FIR, but he has been apprehending arrest on the ground that the Additional Superintendent of Police, Morigaon had visited his house and conducted search in his house, and that he is ready to cooperate with the investigating agency, and therefore, it is contended to allow the application. 6. On the other hand, Mr. Borthakur, the learned Additional Public Prosecutor has produced the case diary before this Court and submits that the materials collected so far in the case diary are inadequate to show the complicity of the applicant with the offence alleged in the FIR till date. 7. Having heard the submissions of learned Advocates of both sides, I have carefully gone through the application and the documents placed on record and also perused the case diary with the assistance of Mr. Borthakur, learned Additional Public Prosecutor. 8.
It appears that the materials collected so far in the case diary are quite inadequate to show the complicity of the applicant with the offence alleged in
Page No.# 3/3 the FIR. Further, it appears that the FIR was registered on 05.01.2024 and since then, the I.O. got sufficient time for investigation. 9. Taking note of the aforementioned facts and circumstances and also taking note of the submissions of learned counsel for both the parties, this Court is inclined to allow this application. 10. Accordingly, it is provided that in the event of arrest of the applicant in connection with Jagiroad P.S. Case No. 9/2024, under Sections 120B/420/468/471 of the IPC, he shall be released on pre-arrest bail on executing a bond of Rs. 50,000/- with one surety of like amount to the satisfaction of the arresting authority. The above privilege is, however, subject to the following conditions: (i) The applicant shall make himself available for interrogation by the Investigating Officer as and when required; (ii) The applicant shall not, directly or indirectly, make any inducement, threat 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 (iii) The applicant shall not leave the jurisdiction of the learned C.J.M., Morigaon without prior permission. 11. In terms of above, this application stands disposed of. 12. Case diary be returned. JUDGE Comparing Assistant