Mohidul Hazarika v. The State of Assam

ORDER

13.07.2023 Heard Mr. A. Ahmed, learned counsel for the petitioner. Also heard Ms. S. Jahan, learned Addl. P.P., Assam appearing for the State.

¶1The petitioner, who was arrested on 24.06.2023 in connection with Moirabari P.S. Case No.137/2023 registered under Sections Page No.# 2/4 468/471/419/420/406/409/34 of the IPC, is seeking regular bail under Section 439 Cr.P.C.

¶2The prayer for bail is opposed by the learned Addl. P.P. on the ground that as per the allegations made in the F.I.R., the petitioner along with others have misappropriated a sum of Rs.8,14,914/- during the year 2017-18 and a further sum of Rs.4,20,000/- during the year 2019-2020 and thus the petitioner along with others have misappropriated a total sum of Rs.14,20,000/- under Luchanabori Gaon Panchayat.

¶3Considered the projection made in paragraph 2 of the petition wherein the petitioner has projected that he had initially joined in the District of Golaghat on 01.01.2015 and thereafter was transferred to Udali Block, Lanka on 27.07.2016 and again transferred and posted at Nagayapam Gaon Panchayat, Binnakandi Development Block on 06.06.2020 and by referring to the joining letter accepted at Luchanabori Gaon Panchayat under Moirabari Development Block, Morigaon on 02.11.2020, the petitioner has been able to prima-facie satisfy that during the relevant period he was not posted at the concerned Gaon Panchayat.

¶4In view of the above, the Court is of the considered opinion Page No.# 3/4 that further custodial interrogation of the petitioner may not be necessary. Hence, the Court is inclined to grant bail to the petitioner, namely, Mohidul Hazarika in connection with the aforesaid case on furnishing bail bond of Rs.50,000/- with one suitable surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Morigaon.

¶5The bail is granted on the following conditions :

(i) The petitioner shall make himself available to the police or any other investigating agency or Court in the present case as and when required.

(ii) The petitioner shall 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 such facts to Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses.

(iii) The petitioner shall not obstruct the smooth progress of the investigation/trial.

(iv) The petitioner shall not misuse his liberty in any Page No.# 4/4 manner.

(v) The petitioner shall appear before the I.O. within 10 (ten) days from the date of his release and he shall continue to appear till his appearance is dispensed with or charge-sheet is filed, whichever is earlier.

¶6The Bail Application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010152422023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2434/2023 MOHIDUL HAZARIKA S/O JOYNAL ABDIN VILL- BECHAMARI, W/NO. 2, P.S. DHING DIST. MORIGAON, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA