ORDER

Date : 30-11-2022 Heard Mr. S. Hoque, learned counsel for the accused-petitioner and Mr. M.P.

Goswami, learned Additional Public Prosecutor for the respondent State of Assam.

2. By this application under Section 439, Code of Criminal Procedure, 1973 [CrPC], the accused-petitioner viz. Amirul Islam @ Md. Amirul Islam has prayed for his release on bail in connection with Borboruah Police Station Case no. 93/2022 registered under Sections

457/380/436, Indian Penal Code [IPC].

3. The authorized official of M/s Hitachi Payment Services Private Limited [‘the complainant Company’, for short] had lodged the First Information Report [FIR] on

06.09.2022. The complainant Company is a service provider and manages ATMs all over India including one of the State Bank of India at Borboruah Bura Hazar Konwar Gaon, Post Office & Police Station – Borboruah, District – Dibrugarh [‘the SBI ATM’, for short]. It is alleged that on 06.09.2022, some unknown miscreants had damaged the SBI ATM with the help of gas cutter and had stolen the entire cash amounting to Rs. 30,81,000/-.

4. The accused-petitioner was in custody in connection with another crime case being Demow Police Station Case no. 91/2022, registered under Sections 457/380/427, IPC since 11.09.2022. In connection with Borboruah Police Station Case no. 93/2022, the accused- petitioner has been shown arrested on 17.09.2022. The accused-petitioner is, thus, in custody in connection with Borboruah Police Station Case no. 93/2022 for 75 days since 17.09.2022.

5. The accused-petitioner had been shown arrested in connection with Borboruah Police Station Case no. 93/2022 as investigation stated to have revealed the 4 [four] arrested accused persons including the present accused-petitioner, who were in custody in connection with Demow Police Station Case no. 91/2022, were involved in two ATM loot cases on the same date i.e. at Demow in Sivasagar District and at Borboruah in Dibrugarh District. As the modus operandi of looting the two ATMs were same, there were sufficient ground to suspect that the accused persons, shown arrested, had committed the crime at both the places.

6. In connection with Demow Police Station Case no. 91/2022, the present accused- petitioner preferred a bail application, B.A. no. 2623/2022. A coordinate bench of this Court after perusal of the materials in the case diary and also considering the period of custodial detention since 11.09.2022, allowed the application under Section 439, CrPC by an order dated 09.11.2022.

7. Mr. Goswami, learned Additional Public Prosecutor opposing the prayer for bail, has referred to the materials in the case diary, collected during the course of investigation carried out so far. In the course of investigation, a number of persons have been arrested. By submitting that the said arrested accused persons had indicated the accused-petitioner’s involvement in looting the two ATMs, Mr. Goswami has submitted that the accused-petitioner should not be released on bail as the amount or any part of the amount looted from the ATMs has not yet been recovered.

8. The materials in the case diary including the statements of the witnesses, go to indicate that the movements of the accused-petitioner along with other accused persons point towards their likely involvement in the looting of the two ATMs. The accused-petitioner is in custody for 75 days since 17.09.2022 along with the few other arrested co- accused persons from the same date. But till date, neither any tangible materials/articles connecting the accused-petitioner directly with the alleged crime nor the alleged looted amount or part of the alleged looted amount has yet been recovered. The accused-petitioner has already been released on bail in connection with Demow Police Station Case no. 91/2022 on

09.11.2022, wherein similar kind of allegations were made against the accused-petitioner.

9. Having regard to the period of detention of the accused-petitioner in custody for 75 days since 17.09.2022, this Co