Muzibuddin Ahmed @ Md. Mujibuddin Ahmed v. The State of Assam

ORDER

10.08.2023

Heard Mr. Sk. S.N. Mohammad, learned counsel for the accused petitioner. Also heard Mr. M. Phukan, learned Public Prosecutor, Assam appearing for the Page No.# 2/3 State respondent. By this petition under Section 439 Cr.P.C., the accused petitioner, namely Muzibuddin Ahmed @Md. Mujibuddin Ahmed has prayed for grant of bail in connection with Vigilance P.S. Case No.04/2023 under Sections 120B/420/406/409 of the IPC read with Sections 13(1)(a)/13(2) of the P.C. Act, 1988. The case diary, as called for, is placed before the Court. The prosecution case, in brief, is that on 22.06.2023, one Durlav Nath, General Secretary, All Sonitpur District Fair Price Shop Dealers Association lodged an F.I.R. before the Chief Minister of Assam, alleging that 2418.20 quintals of rice was allotted against 10173 ration card holders of 25051 persons under Dhekiajuli Constituency under Pradhan Mantri Garib Kalyan Yojana for the months of June and July, 2023 relating to Dhekiajuli town and Mijibari Samabai Samiti. But, instead of distributing the allotted rice amongst the ration card holders the Secretary and other officials of the Society sold the same at high rate and thereby misappropriated Rs.2 crores. It is noticed that the accused petitioner has been in judicial custody since

11.07.2023, that is, for 31 days. Perusal of the case diary reveals that the accused petitioner, who is the then Superintendent, FCS and CA, Sonitpur, admitted that he had not asked for the government cheque books during the handing and taking over charge from the outgoing DDS, Sh. Bharat Bordoloi. But, during investigation when the rented premises of transporter Sh. Surajit Senapati was searched, three government cheque books were found in his possession. Surajit Senpati stated that those cheque books were handed over to him by the accused petitioner. Page No.# 3/3 Upon hearing the learned counsel for both sides and considering the pros and cons of the materials available on the case diary in its entirety, this Court is of the opinion that further continuation of detention of the accused petitioner in the interest of the ongoing investigation may not be required. Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs.50,000/-(Rupees Fifty Thousand) only with one surety of like amount to the satisfaction of the learned Special Judge, Assam subject to the following conditions-

i) That the accused petitioner shall cooperate with the Investigating Officer as and when required; and

ii) That the accused 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 the Police Officer or the Court. Return the case diary. This disposes of the bail application.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010161472023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2588/2023 MUZIBUDDIN AHMED @ MD. MUJIBUDDIN AHMED S/OLT. YOUSUF ALI R/O VILL- BETKUCHI, NEAR NATIONAL PUBLIC SCHOOL, P.S. GORCHUK DIST. KAMRUP (M), ASSAM PIN-781035 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. SK N MOHAMMAD Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR