Abed Ali v. The State of Assam

ORDER Date : 08.05.2023

Heard Mr. H.R.A. Choudhury, learned senior counsel assisted by Mr. A. M. Ahmed, learned counsel appears for the petitioner. Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor appearing for the State of Assam.

¶2The bail application has been preferred by the petitioner, Sri Abed Ali seeking Page No.# 2/4 bail as he has been arrested on 03.04.2023 in connection with Abhayapuri P.S. Case No. 528/2022 registered under Sections 468/471/420/409 of IPC.

¶3It is submitted by the learned counsel for the petitioner that by an FIR dated 12.11.2022 lodged by the informant, one, Dal Pathak, who claims to be a teacher of another college, allegations are made against the C.K. College, Chakla regarding the "Ishan Uday Scholarship". It is submitted by the learned counsel for the petitioner that by the said FIR it was alleged that the said college had resorted to a scam in the name of offering Ishan Uday Scholarship. It is alleged that the college had tried to make illegal money by submitting fake students list and verified by himself to UGC, Delhi. It is further submitted that other colleges including the college, in which the present petitioner was employed are also involved in the said scam.

¶4The FIR was received and registered as Abhayapuri P.S. Case No. 528/2022 registered under Sections 468/471/420/409 of IPC.

¶5In connection with the investigations of the said FIR, the petitioner was arrested and taken into custody on 03.04.2023. Since his date of arrest he has been in custody. This Court by earlier order had called for the case dairy.

¶6Mr. B. B. Gogoi, learned Addl. P.P has produced the case dairy before this Court.

¶7Case Diary produced has been carefully perused.

¶8Upon perusal of the case dairy, it is seen that there is a list of colleges against which the allegations are made in respect of the alleged scam being resorted to in the name of scholarship. The name of C.K.College, Chakla, in which the petitioner has employed as a LDA is also shown in that list.

¶9The statements of the petitioner recorded before the police are also Page No.# 3/4 available along with the case diary.

¶10From the case dairy, it is seen that the investigations are being carried on and the necessary documents and papers as considered necessary for the investigation to be carried on by the I/O has already been seized.

¶11Upon perusal of the statements of the witnesses examined there are materials to suggest that the petitioner was involved in receipt of cash amount and depositing the said scholarship money in another bank account. The benefit of the scholarships has allegedly not also been received by the scholars, in whose name the scholarships were granted.

¶12The primary allegations pertain to the management of the Institution comprising of the Principal and some of his relatives, who are looking after the management and affairs of the said college. The petitioner has no role or responsibility in the management of the college. The petitioner is employed as a Junior Assistant in the said C.K. College, Chakla.

¶13It is seen that vide order dated 23.01.2023, which is enclosed as Annexure-5 of the petition that this Court had granted bail in respect of one, Shahidul Islam, who is stated to be the Principal of the said C.K. College, Chakla.

¶14It is seen from the case diary that the relevant documents in connection with this case have already been seized by the Investigating Officer. The petitioner has been custody since his date of arrest. After carefully perusal of the case dairy, no materials are seen to suggest that further custodial detention of the petitioner is necessary for continuing the investigation. No materials are seen from the case dairy to suggest that release of the petitioner at this stage of investigations will hamper the investigations being carried on by the police.

¶15Considering all of the above, this Court is of the view that further Page No.# 4/4 detention of the petitioner is not necessary for investigation of the case. Accordingly, the petitioner is directed to be released on bail. Accordingly, this Bail petition is allowed. The petitioner is directed to be released on bail forthwith subject to executing a bail bond of Rs.30,000/-(Rupees thirty thousand) only with two (2) local sureties of like amount subject to the satisfaction of the Chief Judicial Magistrate, North Salmara, Abhayapuri. The bail, granted however, subjected to the following conditions:-

i) The petitioner shall appear before the Investigating Officer as and when required and cooperate with the investigation till completion of the investigation.

ii) The petitioner shall not change his residence or place of business, without prior written permission from the Court of Chief Judicial Magistrate, North Salmara, Abhayapuri.

¶16With the above direction, the bail petition is accordingly allowed and disposed of.

¶17Return the case dairy.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010080872023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1379/2023 ABED ALI S/O- NURUL ISLAM, VILLAGE- CHAKLA PT-II, P.S. ABHAYAPURI, DISTRICT- BONGAIGAON, ASSAM, PIN- 783392 VERSUS THE STATE OF ASSAM REP. BY P.P., ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA