Khandakar Abul Kalam v. The State of Assam

ORDER Date : 23.09.2024 Heard Mr. HRA Choudhury, learned Senior Counsel assisted by Mr. J. Islam appearing for the petitioner in AB No.2335/2024 and Mr. S. Bora, learned counsel appearing for the petitioners in BA No. 2877/2024 and AB No. 2354/2024. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State of Assam.

¶2Since all the bail application arises out of the same FIR, all the three bail applications Page No.# 3/3 are taken up together for disposal by this common order.

¶3These applications are filed under Sections 482 & 483 of the BNSS, 2023 seeking pre-arrest bail, regular bail in respect of Patacharkuchi P.S. Case No. 172/2024.

¶4The informant, being the In-charge Secretary of a Gaon Panchayat, has brought allegations of irregularities as well as misappropriation of public funds against the former President of a Gaon Panchayat, Ms. Aynun Nehar and her husband, Md. Jubbar Ali and Md. Khandakar Abul Kalam.

¶5Pursuant to the interim orders granted by this Court on 05.09.2024 and 06.09.2024, Ms. Aynun Nehar and Md. Khandakar Abul Kalam have appeared before the Investigating Officer and they have co-operated with the investigation. Therefore, they do not deserve to be detained in custody. .

¶6Accordingly the interim orders granted in favour of the petitioners, namely, Ms. Aynun Nehar and Md. Khandakar Abul Kalam on 05.09.2024 and 06.09.2024 are hereby made absolute. Therefore, the bail applications of the petitioners, Ms. Aynun Nehar and Md. Khandakar Abul Kalam i.e. AB No.2335/2024 and AB No. 2354/2024 are allowed. They are directed to appear before the Investigating Officer as and when called for.

¶7So far the bail application of the petitioner, Md. Jubbar Ali is concerned, for consideration of his bail application, the case diary shall be returned for updating the same.

¶8The Bail Application No. 2878/2024 shall be listed again on 24th of October, 2024.

¶9The AB No.2335/2024 and AB No. 2354/2024 are disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010197562024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2877/2024 MD JUBBAR ALI S/O LATE HUSSAIN ALI AHMED R/O VILL-MADHAPUR P.S. PATACHARKUCHI DIST. BAJALI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S BORA, MS J RAJKUMARI Advocate for the Respondent : PP, ASSAM, Linked Case : AB/2354/2024 AYNUN NEHAR W/O MD. JUBBAR ALI R/O VILL- MADHAPUR P.S. PATACHARKUCHI DIST. BAJALI ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Page No.# 2/3 ------------ Advocate for : MR. S BORA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Linked Case : AB/2335/2024 KHANDAKAR ABUL KALAM S/O LATE NURUL ISLAM R/O VILL- GALIA P.O. GOREIMARI P.S. HOWLY DIST. BARPETA ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM ------------ Advocate for : MR H R A CHOUDHURY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA