IN THE GAUHATI HIGH COURT

(THE HIGH COURT ASSAM, NAGALAND, MIZORAM AND

ARUNACHAL PRADESH)
CRIMINAL ORIGINAL JURISDICTION

CODE NO.-

CATEGORY CODE- ANTICIPATORY BAIL UNDER SECTION 438 CRPC

B.A. No. 2023

To,

The Hon’ble Mr. Justice Sandeep Mehta, the Chief Justice of the Hon’ble
Gauhati High Court and his Lordships other companion Judges of the
said Hon’ble Court.

IN THE MATTER OF

An application under Section 439

Cr.PC for granting bail to the accused
persons in connection with Hatigaon
P.S Case No. 335/2023 U/S- 120(B)/
511/ 420/ 489(A)/ 489(B) IPC.

-AND-
IN THE MATTER OF

Abdul Rajak
 Age about- 46 Years
S/O- Iman Ali
R/O- Vill- 2 No. Islampur
P.S- Bihpuria
Dist- Lakhimpur, Assam
Petitioner/ Accused
(In jail)
Since 14.10.2023
-V/S-
The State of Assam
Represented by P.P Assam

The Humble petition of the petitioner above named:-

MOST RESPECTFULLY SHEWETH:

1. That the accused/petitioner is a citizen of India by birth and is the

permanent resident of aforesaid address and as such he is
entitled to all rights, privileges and protections guaranteed under
the Constitution of India and other laws of the land.
2. That the accused/petitioner is preferring this bail petition in
connection with Hatigaon P.S Case No. 335/2023 U/S- 120(B)/
511/ 420/ 489(A)/ 489(B) IPC for his release.
3. That the brief facts of the case is that one Inspector Mukut
Baishya of STF, Assam lodged an F.I.R with Hatigaon Police
Station on- 13/10/2023 stating inter alia that on the date of
lodging of the F.I.R at about 05:07 P.M. acting on a tip of the
secret reliable information received in connection with STF P.S
GDE No. 201 dt. 13/10/2023 that some persons are dealing with
 fake Indian Currency notes at Dakhingaon area of Guwahati.
Accordingly a team was formed including the informant. The
informant along with the team raided the premises of the
suspected fake currency dealers, during the search the items like
(i) 26 nos of Indian Currency notes having impression of
denomination of Rs. 500/- suspected to be fake (ii) 6 nos of Rs.
500/- seized blacked coloured stained papers which turn into Rs.
500/- FICN when pours the recovered chemical on it (iii) One
bundle of black papers in the size of Rs. 500/- used for Rs. 500/-
denomination. (iv) One Bottle containing liquid chemical used for
developing Rs. 500/- denomination (v) One Bottle containing
suspected liquid chemical (vi) One brown coloured tape, cash Rs.
7700/- contained in a white marketing bag and six nos of mobile
handsets with one Scorpio vehicle bearing registration no. AS01-
AR- 1918 were recovered. On receipt of the said F.I.R, the
Hatigaon Police registered a case as Hatigaon P.S case No. 335
U/S- 120(B)/ 511/ 420/ 489(A)/ 489(B) IPC.
A copy of the FIR dated- 13-10-2023 is
annexed herewith as ANNEXURE- 1 to this
petition.

4. That the petitioner begs to state that, the police forwarded him in
the court of Hon’ble Chief Judicial Magistrate Kamrup (M) on- 14-
10-2023 and he was sent to judicial custody.
A Copy of the forwarding report is annexed
herewith as ANNEXURE- 2 this petition.
5. That the petitioner begs to state that he is a cultivator by
profession and lives hand to mouth. The petitioner have a very
good reputation in society and he is no way involved in any crime.
The petitioner have become the victim of circumstances.
6. That the petitioner begs to state he is no way connected with the
above incident, the petitioner along with another accused Hafijur
Rahman came to Guwahati to visit their relative and were staying
near the place where the police conducted raid, the police without
proper enquiry suspected the petitioner and arrested him without
any basis.
7. That the petitioner begs to state that he has no connection with
the alleged offence moreover he has neither used any fake
currency nor he has benefitted from that in any way.
8. That, bare reading of the order dated- 14.10.2023 passed by JMFC
1st Class Kamrup (M) it reveals that there is no any specific
allegation pointing niddle of suspicion towards the petitioner rather
it is pointing fingers against Atiqur Rahman and Nizam Ali. As such
the petitioner may be allowed to go on bail putting any stiff
condition that your Lordship may deem fit and proper.

A Copy of the order dated- 14.10.2023 is

annexed herewith as ANNEXURE- 3 to this
petition.

9. The petitioner categorically states that neither he knows the

accused persons Atiqur Rahman and Nizam Ali nor he has got any
relation with them.
10. That the petitioner begs to submit that he is the sole bread
earner of his family. The family members of the petitioner are fully
 dependent on him and therefore if he is not released it would not
only cause prejudice to the petitioner but it would also cause
severe prejudice to his family members.

11. That the petitioner begs to state that he is behind the bar
since 14.10.2023 and his further detention will not serve any
purpose. moreover there is no chance of convicting the petitioner
after trial. Therefore in the interest of justice the accused
/petitioner may be allowed to go on bail.
12. That the petitioner begs to submit that there is no chance of
his conviction after trial, and will only be mere wasting of valuable
time of court.
13. That the petitioner begs to state that he approach before the
Addl. District and Sessions Judge Kamrup(M) by filing Bail
Application no.869/23 for his bail but however, the same was
rejected on 14/11/2023.
14. That the petitioner begs to submit that the investigation has
progressed a lot and further detention of the petitioner is not
necessary. As such for the interest of justice the petitioner may be
granted bail.
15. That the petitioner begs to submit that he has got good
reputation in society. The petitioner is ready to face the trial. As
such considering the same he may be allowed to go on bail.
16. That the petitioner begs to state that there is no other bail
application in connection with the above case is pending for him.
17. That this petition is made bonafide to secure the ends of
justice.
 Under the circumstances it is prayed that your
Lordships may be pleased to admit this petition
and call for the Case Diary and after hearing the
parties and perusal of the Case Diary may be
pleased to grant bail to the petitioner Abdul
Rajak in Connection with Hatigaon P.S Case No.
335/2023 U/S- 120(B)/ 511/ 420/ 489(A)/ 489(B)
IPC by imposing any condition as this Hon’ble
court my deem fit and proper.
And for this act of kindness your petitioner is duty bound shall
ever pray.
 AFFIDAVIT

I, Momtaz Ali, Age about- 33 Years, S/O- Iman Ali, R/O- Vill- 2 No.
Islampur, P.S. Bihpuria, Dist- Lakhimpur, Assam, PIN- 787054, do
here by solemnly affirm and declare as follows.

1. That I am the younger brother of the accused persons in the

instant bail petition. My brother Abdul Rajak has instructed /
authorized me to take necessary steps for his bail in connection
with Hatigaon P.S Case No. 335/2023 U/S- 120(B)/ 511/ 420/
489(A)/ 489(B) IPC as such I am being authorized and being fully
conversant with the facts and circumstances of the case,
competent to swear this affidavit.
2. There is no other bail application pending in any court or any
other court than this instant petition in connection with the above
Hatigaon P.S Case No. 335/2023 U/S- 120(B)/ 511/ 420/ 489(A)/
489(B) IPC.
3. That the statements made in this affidavit and those made in
paragraphs 1 to 17 are true to my knowledge which I believe to
be true and rest are my submissions and prayer before this
Hon’ble Court.
ON OATH

“ I swear that this declaration is true , that it conceals nothing and that
no part of it is false , help me GOD .”

And I sign this affidavit today the 18 th day of November, 2023 at

Guwahati.

Identified by

DEPONENT
Advocate

Typed Copy ANNEXURE-

Relevant portion
To
The Officer In Charge,
Hatigaon PS
Sub: FIR

Ref:- STF PS GDE No. 201 dated- 13/10/2023

Sir,

I have the honour to report that today on 13.10.2023 at 05:07 pm,

acting on a tip off the secret reliable information received vide above
reference that some persons are dealing with fake Indian currency notes
at Dakhingaon area, Guwahati. Accordingly, and a team was formed
including me and self along with the team raided the premises of the
suspercted fake currency dealers in presence of available witnesses – 1.
Anamika P. Patiri 2. Pranab Kalita 3. Eusuf Ali and during search the
following items were recovered from the possession of the bellow noted
persons in white coloured marketing bag kept inside concealed in the
bed room of the said rented house- I) 26 no.s of Indian Currency notes
having impression of denomination of Rs. 500/- suspected to be fake ii)
6 no.s of Rs. 500/- seized black coloured stained papers which turn into
Rs. 500/- FICN when pours the recovered chemical on it iii) One Bundle
of black papers in the size of Rs. 500/- used for Rs. 500/- denomination
iv) One Bottle containing liquid chemical used for developing Rs. 500/-
denomination v) One Bottle containing suspected liquid chemical vi) One
brown coloured tape vi) Cash Rs. 7700/- vii) Six no.s of mobile handsets
viii) One Scorpio Vehicle bearing Registration No. AS01- AR- 1918.
Accordingly all mentioned items are seized as per seizure list from the
possession of bellow noted apprehended persons in presence of
available witnesses. Moreover, as per seizure list item No. i) & ii) seal
packed in presence of independent witnesses.

It is suspected that the accused had indulged in criminal conspiracy with

others intend to cheat persons by inducing them to deliver property and
thereby causing wrongful gain to themselves and wrongful loss to others
and thereby attempted to commit cheating by using the said suspected
Fake currency. Thus, self along with team brought the 5 no.s of bellow
noted apprehended persons with the seizure articles and handed over to
OC Hatigaon PS vide Hatigaon PS GDE No. 37 dated- 13.10.2023.
Therefore I request you to kindly register a case against them under
proper section of law.

Name and address of the apprehended persons

1. Munindra Hazarika(44 yrs),S/O-Lt Ram Hazarika

R/O-Narayanpur, PS-Narayanpur, District-Lakhimpur
2. Md Atiqur Rahman(38 yrs), S/O-Azim Ali
R/O-Hatigaon, Sijubari, Milanpur path, H/No.06,PS-Hatigaon
3. Hafijur Rahman (36 yrs),S/O-Abdul Matin
R/O- Vill-2no.Islampur, PS-Bihpuria, District-Lakhimpur
4. Abdul Rajak(46 yrs), S/O-Iman Ali
R/O- Vill-2no.Islampur, PS-Bihpuria,
District-Lakhimpur
5. Nizam Ali(50 yrs), S/O-Hurmuj Ali
 R/O- Vill-2no.Islampur, PS-Bihpuria,
District-Lakhimpur
Enclosures
1. Two no.s of extract copies of STF PS GD Entries .
2. Copy of Malkhana /Godown receipt vide Hatigaon PS MR
No.210/23
Yours faithfully
Sd- Mukut Baishya
(Inspector Mukut Baishya)
STF, Assam, Guwahati.
Received and registered Hatigaon PS.Case No.335/23 U/S- 120(B)/ 511/
420/ 489(A)/ 489(B) IPC SI Subrata Bhattacharjee will investigate the
case.

Sd- Illegible
Inspector
Officer-in-charge
Hatigaon Police Station