The court disposed of a bail application under Section 438 CrPC seeking pre-arrest bail in an IPC cheating case. Finding the petitioner complicit based on FIR materials regarding misappropriation of loans, the bail prayer was rejected and the application disposed of.
Bail prayer rejected; bail application disposed of.
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GAHC010167192021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/3224/2021
MUSKUR HUSSAIN AND 3 ORS
S/O LATE SHER ALI, VILL-GOROIMARI PAM, P.S.-JURIA, DIST-NAGAON, ASSAM
2: MUKAJIL HAQUE S/O ABDUL MALEK VILL-GOROIMARI PAM P.S.-JURIA DIST-NAGAON ASSAM
3: MAINUL ISLAM S/O LATE SHER ALI VILL-GOROIMARI PAM P.S.-JURIA DIST-NAGAON ASSAM
4: ABDUL MALEK S/O LATE SHER ALI VILL-GOROIMARI PAM P.S.-JURIA DIST-NAGAON ASSA VERSUS
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR DEBA KUMAR DAS
Advocate for the Respondent : PP, ASSAM
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BEFORE
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN ORDER
02.11.2021
By this bail application under Section 438 CrPC, petitioners, namely, 1) Mainul Islam, 2) Muskur Hussain, 3) Ikramul Hussain, 4) Ajijul Haque and 5) Faizul Haque, have sought for pre-arrest bail in the event of their arrest in connection with Juria PS Case No. 518/2021, under Sections 420/406/294/506/34 of the IPC.
The bail prayer as regards Mukajil Haque has not been pressed, as he has already been arrested.
Heard the learned counsel for both the parties.
I have also gone through the FIR and the documents annexed.
So far as regards the allegation in the FIR that the accused persons collected Aadhar Card, Pan Card from different persons of the village and the informant, and thereafter, used the same to obtain loan and misappropriated the same. It appears that several witnesses have been examined, who have supported the allegations, suggesting the fact that the petitioners have mis-utilized the documents that was collected from the beneficiaries and obtained the loan without informing those persons and also utilized the money for their own purpose.
In view of the materials on record and the complicity of the petitioner in the offence alleged, this Court is of the opinion that is not a fit case to grant the privilege of prearrest bail to the present petitioners, accordingly, their bail prayer is rejected.
Bail application stands disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether pre-arrest bail should be granted under Section 438 CrPC given the allegation of misusing collected documents to obtain loans.
Whether the complaint materials justify treating the case as a fit case to grant privilege bail.
2 provisions across 2 enactments
Muskur Hussain and 3 Ors
The State of Assam Represented by the Public Prosecutor, Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
