Gauhati High Court
Dist. Barpeta vs The State Of Assam on 9 November, 2022
Author: Manish Choudhury
Bench: Manish Choudhury
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GAHC010197272022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2511/2022
JAHEDUL ISLAM SIKDAR
S/O ABUL KASHEM SIKDAR
VILL- SALHEKURA
P.S. BARPETA
DIST. BARPETA
ASSAM
VERSUS
THE STATE OF ASSAM
REP. BY THE PP
ASSAM
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Advocate for : MR. A PARAMANIK
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 09-11-2022 Heard Mr. A. Paramanik, learned counsel for the accused-petitioner and Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent State of Assam.
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2. By this application under Section 439, Code of Criminal Procedure, 1973, the accused-petitioner viz. Jahedul Islam Sikdar has prayed for his release on bail in connection with Barpeta Police Station Case no. 840/2022, registered for offences under Sections 468/420/409/471/34, Indian Penal Code. The accused- petitioner is in custody for 77 days as on date, since 25.08.2022.
3. As per the FIR lodged by the informant, who is a job card holder of MGNREGA under 77 No. Gajia Medhirtary Gaon Panchayat, a number of persons associated with 77 No. Gajia Medhirtary Gaon Panchayat and Anchalik Panchayat as well as one Jahanara Khatun, Gram Rojgar Sahayak [GRS] are involved in misappropriation of substantial amounts from various schemes under the MGNREGA scheme by adopting various illegal means. The informant has alleged that despite he being a job card holder, the accused persons did not deposit his entitled amount in his bank account. The accused persons have been misappropriating the funds under the MGNREGA by depriving the genuine job card holders.
4. The accused-petitioner herein is the husband of Jahanara Khatun, GRS of 77 No. Gajia Medhirtary Gaon Panchayat. The statements of some of the witnesses, recorded under Section 161, CrPC and available in the case diary, go to corroborate the allegations made by the informant in the FIR. The witnesses have stated that the accused-petitioner in connivance with Jahanara Khatun [GRS] had deprived a number of job card holders from getting their legitimate dues from various scheme under the MGNREGA scheme and misappropriated substantial amount of fund allotted under the MGNREGA by resorting various illegal means. Though sufficient incriminating materials are found available in the case diary against the accused-petitioner, this Court considering the fact that the accused-petitioner has spent 77 days in custody since 25.05.2022 is inclined Page No.# 3/3 to grant the prayer of bail made by the accused-petitioner.
5. Accordingly, the accused-petitioner is allowed to be enlarged on bail on furnishing a bail bond of Rs. 25,000/- with one surety of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Barpeta, subject to the following conditions :-
[1] The accused-petitioners shall co-operate with the investigation and make himself available for interrogation as and when his presence is called for by the Investigating Officer (I.O.) of the case;
[2] The accused-petitioner shall not, directly or indirectly, make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer; and [3] The accused-petitioner shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police.
This application stands disposed of in the afore-mentioned terms.
JUDGE Comparing Assistant