Md Saiful Islam v. The State of Assam

ORDER Date : 09.06.2023 Heard Mr. M. H. Ahmed, learned counsel appearing 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, Page No.# 2/5 namely, Md. Saiful Islam is seeking bail in connection with Bhelowguri P.S. Case No. 29/2023 registered under Sections 120B/420/409/468/34 of IPC.

¶3It is submitted that a complaint was lodged by the complainant, one Amir Uddin against the BDO, the Gaon Panchayat Secretary, Computer Assistant, Gaon Panchayat Members making allegations that Government dwelling houses were allotted in the names of the complainant and witnesses. However, the construction of the said houses has not been completed and when the complainant and other witnesses approached the authorities concerned, no concrete answer was given to them. That apart it is further alleged that all the accused persons had forged several job cards by using the names of other persons and withdrew money and thereby misappropriated government money. As a consequence of the illegal activities carried on by the accused persons the complainant and the witnesses were deprived from getting the government houses. It is submitted that although complaints have been made before the various authorities no fruitful answer was given to the petitioner.

¶4The said complaint was received and registered as Bhelowguri P.S. Case No. 29/2023 registered under Sections 120B/420/409/468/34 of IPC. During the investigation which is carried on in pursuant to the said FIR.

¶5It is stated that the petitioner is working as a Accredited Engineer in the Block Development officer, Lahorighat in the Page No.# 3/5 district of Morigaon was arrested on 13.05.2023. It is submitted by the learned counsel for the petitioner that he was an Accredited Engineer is not connected with the disbursement of any payment to any person or any financial work relating to the office of the Block Development Officer or any Government site. It is further submitted that in the complaint petition there was specific allegation made against the accused persons named therein and the petitioner's name is not mentioned in the FIR nor was any allegation made against the petitioner.

¶6Learned counsel for the petitioner submits that he is made of a scapegoat of some political conspiracy because of which he has been taken into custody in connection with the aforesaid case. Learned counsel for the petitioner submitted that all necessary documents have already been taken into custody by the Investigating Officer. His statement has been recorded and therefore no further detention is necessary and the petitioner be released on bail.

¶7This Court by earlier order dated 31.05.2023 had called for the case dairy. And Mr. B. B. Gogoi, learned Addl. P.P has produced the case diary before this Court as called for.

¶8Upon due perusal of the case dairy, it is seen that the matter is under investigation and charge-sheet has not been filed. Perusal of the case diary does not reveal any incriminating materials against the petitioner at the stage of the investigation. His statements have been recorded. Necessary documents are stated to be available with the Page No.# 4/5 Investigating Officer.

¶9Considering the extent of investigations being carried on and the period of detention undergone, this Court is of the view that although the charge-sheet has not been filed, further custodial detention of the petitioner is not required. No materials are also seen to suggest that release of the petitioner on bail at the stage will hamper the investigation.

¶10Upon hearing the learned counsels for the parties and upon due perusal of the case dairy and also taking into account the period of detention undergone by the petitioner, this Court is of the view that the prayer for bail made by the petitioner can be allowed.

¶11Accordingly, petitioner is directed to be released on bail forthwith subject to executing a bail bond of Rs.30,000/-(Rupees thirty thousand) only with one local surety of like amount to the satisfaction of the Chief Judicial Magistrate, Morigaon. The bail, granted however, subject to the following conditions:-

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

ii) The petitioner shall not change her residence or place of business, without prior written permission from the Court of Chief Judicial Magistrate, Morigaon. Page No.# 5/5

iii) That the petitioner shall not hamper or tamper with the investigation in any manner; and

iv) That the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person/witness acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer in connection to this Police Station Case.

¶12If any of the conditions are found to be violated by the petitioner then the Investigating Officer shall be at liberty to seek cancellation of the bail granted to the accused.

¶13With the above direction, the bail petition is accordingly allowed and disposed of.

¶14Return the Case Dairy. JUDGE Comparing Assistant

Page No.# 1/5 GAHC010116642023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1883/2023 MD SAIFUL ISLAM S/O- HORMUJ ALI, R/O- VILL- ADITPUR GAON, P.O. GUNIALGURI, P.S. KALGACHIA @ KALGOSIYA, DIST.- BARPETA @ BORPETA (ASSAM), PIN- 781319 VERSUS THE STATE OF ASSAM REP. BY P.P., ASSAM Advocate for the Petitioner : MR M H AHMED Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA