Nasir Uddin v. The State of Assam

Page No.# 1/3 GAHC010110832023

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1834/2023 NASIR UDDIN S/O LATE SURUJ ALI R/O VILL-TEKELIPUTA, P.O. MOWAMARI, P.S. SAMAGURI, DIST. NAGAON, ASSAM, PIN-782140 VERSUS THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM Advocate for the Petitioner : ALHAJJ I UDDIN Advocate for the Respondent : PP, ASSAM

BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

21/06/2023 Heard Mr. A I Uddin, learned counsel for the petitioner and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State. The petitioner, namely, Nasir Uddin, has filed this application under Section 438 Cr.P.C. seeking pre-arrest bail apprehending his arrest in BI(EO) P.S. Case No. 12/2023 registered under Sections 120(B)/420/406 IPC read with Section 7 of the Essential Commodities Act corresponding to G.R. No. 3003/2023. Page No.# 2/3 Petitioner is the salesman and Computer Operator of M/s. Mowamari Gaon Panchayat Samabai Samity Limited, Mowamari. Matter relates to defalcation of huge amount of PDS rice as well as cash amount of the society sanctioned for transportation of PDS items to the said Samabai Samity. Perused the case diary placed before the Court today by Mr. B Sarma, learned Additional Public Prosecutor, Assam. Case diary reveals that the main accused of the case, one Abu Taleb, Secretary of the said Samabai Samity was arrested in said BI(EO) P.S. Case No. 12/2023 on 12.05.2023. By order dated 24.05.2023, the Court granted interim bail to the petitioner in said BI(EO) P.S. Case No. 12/2023 pursuant to which he appeared before the concerned Investigating Officer and his statement was also recorded. Mr. A I Uddin, learned counsel for the petitioner has placed before the Court a copy of the order dated 15.06.2023 passed in Bail Appln. No. 1848/2023, whereby the main accused of the case, Abu Taleb was already released on bail. It is seen that the Superintendent of Food, Civil Supplies and Consumer Affairs made a detail enquiry and submitted its report on the basis of which the FIR of the case has been filed. Considering the materials available in the case dairy, the Court is of the view that custodial interrogation of the petitioner, named above, is not warranted to investigate the said BI(EO) P.S. Case No. 12/2023. As such, this pre-arrest bail application of the petitioner in said BI(EO) P.S. Case is accepted. The petitioner, namely, Nasir Uddin is already on interim bail in said BI(EO) P.S. Case No. 12/2023 granted to him earlier by this Court on 24.05.2023 and the same is hereby made absolute on the terms and conditions that the petitioner shall - (i) appear before the concerned Investigating Officer of said BI(EO) P.S. Case No. 12/2023 as and when he is required for necessary investigation of the case; (ii) not leave the territorial jurisdiction of said BI(EO) Police Station, without obtaining prior written permission from the concerned I/O of the case; (iii) not hamper with the investigation, or tamper with the evidence of the case and (iv) not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing Page No.# 3/3 such facts to the Court or to any police officer. Any violation of any of the aforesaid terms and conditions by the petitioner, named above, pre-arrest bail granted to him in said BI(EO) P.S. Case No. 12/2023 shall stand automatically vacated. Return the case diary. Accordingly, this pre-arrest bail application stands allowed to the extent above.

JUDGE Comparing Assistant