Gauhati High Court
Islam Uddin Talukdar vs The State Of Assam on 23 February, 2023
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GAHC010201022022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2908/2022
ISLAM UDDIN TALUKDAR
SON OF LATE TAZAMUL ALI TALUKDAR
R/O VILL- JALALABAD, P.O. SOUTH SONAPUR, P.S. RATABARI
DIST. KARIMGANJ, ASSAM
PIN-788737
VERSUS
THE STATE OF ASSAM
TO BE REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR H R A CHOUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
Date : 23-02-2023 Heard Mr. HRA Choudhury, learned Senior Counsel for the petitioner assisted by learned counsel Mr. M.A. Choudhury. Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor for the respondent State of Assam.
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2. By this application under Section 438, Code of Criminal Procedure, 1973 [CrPC], the petitioner viz. Islam Uddin Talukdar has approached this Court seeking the benefit of pre- arrest bail, apprehending his arrest, in connection with Ratabari Police Station Case No. 247/2022 registered for offences punishable under Sections 120(B)/420/406/409 Indian Penal Code [IPC].
3. I have considered the submissions at the Bar. The FIR unfolds that the petitioner and the co-accused named in the FIR transferred an amount of Rs. 7,64,289/- in the name of a lady named Mangala Kairi but the amount was meant for construction of "Nach Ghar". It was not constructed properly. The construction started 4 years ago and the amount was sanctioned for the year 2019 and 2020. By transferring the amount fraudulently there was misappropriation of funds meant for construction of a "Nach Ghar".
4. It is submitted on behalf of the petitioner that the instant cases have been initiated against the petitioner due to political rivalry. It is also submitted that money was allegedly withdrawn by the Chairman and GP, Secretary of the construction committee but the present petitioner is only member of the construction committee.
5. I have considered the submissions at the Bar. I have perused the CD. The petitioner has appeared before the IO and has cooperated with the investigation. His statement has been recorded. He has not violated bail conditions. Investigation has progressed considerably.
6. Considering all aspects and in view of my foregoing discussions, the interim order dated 29.09.2022 is hereby made absolute.
JUDGE Comparing Assistant