THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM

ORDER Heard Mr. R.A. Choudhury, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor for the State of Assam. Page No.# 2/3 By this application under section 438 Cr.P.C., the petitioner namely, Mofidul Islam, is praying for pre-arrest bail, who is apprehending arrest in connection with Laluk P.S. Case No. 184/2022, under sections 120(B)/342/420/392/511 of I.P.C. It is submitted by the learned counsel for the petitioner that he is the brother of the main accused Babul Islam @ Rafiqul Islam, who was already arrested and enlarged on bail. It is submitted that one fake gold biscuit, one fake gold boat and one fake gold statue of Jesus Christ were recovered from the possession of Babul Islam who also wrongfully confined the informant’s friend from Jammu & Kashmir in his poultry farm and looted cash worth Rs. 50,000/- Learned Additional Public Prosecutor for the State has submitted that there are sufficient incriminating materials in the case diary against the accused petitioner, who is also involved in dealing with fake gold. It is submitted that in an organized manner the petitioner along with his brother and some other miscreants deals in fake gold business. The Additional Public Prosecutor for the State raised serious objection against the pre-arrest bail prayer of the accused petitioner. I have perused the case diary. There is incriminating materials against the accused petitioner in the case diary but however the accused petitioner is ready to co-operate with the investigation and he has also appeared before the I.O and his statement has also been recorded. I have considered the fact that the petitioner is a local resident and as the investigation has progressed substantially, the interim bail granted to the accused petitioner vide order dated

14.10.2022 is hereby made absolute, under the following conditions:

That the petitioner will refrain from such activities with which he is alleged; and

The petitioner will not leave the jurisdiction of Court without prior Page No.# 3/3 permission of the jurisdictional Court. Send back the LCR. JUDGE Comparing Assistant