Manjur Ahmed Tapadar v. The State of Assam

Page No.# 1/3 GAHC010139752024

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1847/2024 MANJUR AHMED TAPADAR S/O LATE RIEZ UDDIN TAPADAR, VILL AND P.O.-NAYERGRAM, P.S. AND DIST-KARIMGNAJ, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR P KATAKI, MRS R BEGUM,MR D CHAKRABORTY Advocate for the Respondent : PP, ASSAM,

:: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R

21.10.2024

Heard the learned counsel Mr. P. Kataki appearing for the petitioner. Also heard Mr. K.K. Das, the learned Addl. Public Prosecutor, Assam.

¶2This is an application under Section 438 of the CrPC praying for grant of pre-Page No.# 2/3 arrest bail to the petitioner, namely-Manjur Ahmed Tapadar in connection with Badarpur P.S. Case No.118/2024 under Sections 120(B)/420/468/471 of the IPC (corresponding to G.R. No.866/2024).

¶3The Circle Officer of Badarpur Revenue Circle had lodged an FIR against five persons alleging that they had submitted some false and forged sale deeds to have their names mutated in respect of certain plot of lands.

¶4Mr. Kataki has pointed out that there is no allegation that the present petitioner had prepared those documents.

¶5Mr. Kataki further drawing my attention towards some documents submits that the petitioner was suffering from mental ailments prior to filing of the FIR. He has taken his treatment at Tezpur.

¶6Mr. Das has submitted that there are materials to show that the petitioner tried to have his name mutated in respect of certain plot of land by filing forged sale deeds.

¶7I have considered the submissions made by the learned counsel of both sides in the light of the materials available before this Court.

¶8Without making any opinion about the offence, this Court is of the opinion that for the mental health of the petitioner, he does not deserve to be detained in custody. Therefore, his bail application is allowed.

¶9It is hereby directed that in the event of arrest, the petitioner, namely-Manjur Ahmed Tapadar in connection with Badarpur P.S. Case No.118/2024 under Sections 120(B)/420/468/471 of the IPC (corresponding to G.R. No.866/2024), is allowed to go on bail of ₹25,000/- with a surety of like amount to the satisfaction of the arresting authority.

¶10The petitioner shall co-operate with the police investigation whenever he is called for by the investigating officer. With the aforesaid direction, the application for bail is disposed of accordingly. Page No.# 3/3 The case diary shall be returned.

JUDGE

Comparing Assistant