Siddique Ali v. The State of Assam

ORDER Date : 09-02-2023

Heard Mr. B. Deka, learned counsel for the petitioner. Also heard Mr. B. Gogoi, learned Additional Public Prosecutor for the State of Assam. By this application under section 439 Cr.P.C., the petitioner namely, Md. Siddique Ali, is praying for bail, in connection with Jorhat P.S. Case No. 877/2022, under Page No.# 2/3 sections 120(B)/420/406/467/468/471/34 of I.P.C. as the petitioners is languishing in jail hazot since 03.01.2022. The allegations against the petitioner is that the fund under the AB-PMJY scheme have been siphoned off by Satyam Hospital and Research Centre, Jorhat Town in the account of Arogya Health City. The petitioner is the one of the partners of Arogya Health City. It is alleged that the funds meant for the beneficiaries under the AB-PMJY Scheme has been deposited into the account of the petitioner. I have considered the submissions at the bar. It is submitted on behalf of the petitioner that the entire allegation is against the Satyam Hospital and Research Centre, Jorhat Town and is not against the petitioner. Satyam Hospital and Research Centre, Jorhat Town is responsible for the false claim of funds which is deposited in the account of Arogya Health City. The petitioner being a partner of Arogya Health City has admitted of having received some amount from the Arogya Health City from the Satyam Hospital and Research Centre, Jorhat Town as the petitioner offers services to the Satyam Hospital. The petitioner provides services of the Arogya Health City in the form of Diagnostic center, pharmacy to the Satyam Hospital and Research Centre, Jorhat Town. Learned APP has raised objection against the bail prayer of the petitioner and submitted that there are cogent materials in the case diary against the petitioner that the funds have been deposited in the account of the petitioner. Further, the I.O has also forwarded a bail objection stating that the amount was transferred to the account of the petitioner. The learned counsel for the petitioner has submitted that the case diary reveals that investigation has progressed substantially and the petitioner is languishing in jail hazot since 29.12.2022 and the petitioner shall co-operate with the further Page No.# 3/3 investigation of the case and shall not jump over the bail if he is granted the privilege of bail. He is also a local resident. I have considered the length of detention of the accused petitioner. I believe that investigation may not be affected adversely if the petitioner is enlarged on bail. I have also considered the fact that the petitioner is a local resident. Considering all aspects, the accused petitioner namely, Md. Siddique Ali, is enlarged on bail on furnishing a bail bond of Rs.35,000/- (Rupees Thirty Five Thousand) with one suitable surety of like amount, to the satisfaction of the Elaka Magistrate, in connection with Jorhat P.S. Case No. 877/2022, under sections 120(B)/420/406/467/468/471/34 of I.P.C The bail is granted on the following conditions;

1.that the petitioner will refrain from such activities with which he is alleged; and

¶2that the petitioner will not leave the jurisdiction of the Court without prior permission of the jurisdictional Court. The bail application stands disposed of accordingly.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010016022023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./309/2023 SIDDIQUE ALI S/O-MD. FAZAL ALI, R/O- 95 DIMORIYA, NEAR NH 37, TOPATALI NC, P.O- TOPATALI, P.S- KHETRI, DIST- KAMRUP, ASSAM, PIN- 782403 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. P JAIN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND