Md Jubbar Ali v. The State of Assam

ORDER

28.10.2024

Heard Mr. S Bora, learned counsel for the petitioner and Mr. R J Baruah, learned Additional Public Prosecutor, Assam. This is an application filed under Section 483 of the BNSS, 2023 by the petitioner, namely, Md. Jubbar Ali, praying for release on bail, who was arrested in connection with Patacharkuchi P.S. Case No. 172/2024. The informant has alleged that while Ms. Aynun Nehar was the President of 104 No. Niz Page No.# 2/2 Bhawanipur Gaon Panchayat, she had committed financial irregularities. The aforesaid fact came to the knowledge of the informant after he had taken over charge of the said gaon panchayat as its Secretary. It is further alleged that the petitioner being husband of Ms. Aunun Nehar had mislead the informant in handing over the Cash Book and Bank Statement etc. Mr. Baruah has submitted that Police has collected sufficient materials against the present petitioner. I have considered the submissions made by the learned counsel of both sides in the light of the contents of the FIR. The petitioner has already undergone 60 [sixty] days in judicial custody. Therefore, at this stage, this court is of the opinion that the petitioner does not deserve to be detained in custody for further period of time. Therefore, the bail application is allowed. Accordingly, it is directed that the petitioner Md. Jubbar Ali, who was arrested in connection with Patacharkuchi P.S. Case No. 172/2024, shall be released on bail of Rs.25,000/- with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Bajali.

The bail application is disposed of. Case Diary shall be returned.

JUDGE Comparing Assistant

Page No.# 1/2 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, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA