Disposed

Jubeda Hanun and Ors. v. the State of Assam

Gauhati HC2 Jul 2024AB/1649/2024

Case brief

AI extract

What is this about?

Anticipatory bail application under Section 438 CrPC by four accused, including panchayat office bearers, in a misappropriation case over an incomplete land development work. The court found no need for custody as statements were already recorded and granted interim pre-arrest bail with conditions including periodic appearance before the investigating officer.

What did the court decide?

Interim pre-arrest bail granted on bail bond of Rs.25,000 each with like surety, subject to five conditions including periodic appearances before the Investigating Officer.

Jubeda Hanun and Ors. Vs the State of Assam — Anticipatory Bail | Gauhati HC (2024)

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GAHC010126872024

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB/1649/2024

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JUBEDA HANUN AND ORS

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W/O ROBIUL HUSSAIN, R/O BADLA BAZAR, PO BADLA BAZAR, PS NAGARBERA , ASSAM

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2: SANGITA DAS W/O RITIK BORDOLOI

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RESIDENT OF LUIT PATH HOUSE NO. 22 JYOTINAGAR PO BAMUNIMAIDAM PS CHANDAMARI ASSAM

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3: NUR UDDIN

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S/O LATE HASHEM ALI GOANBURHA RESIDENT OF JAWKATA DIA PO DEKACHANG PS BOKO ASSAM

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4: ROBIUL HUSSAIN S/O LATE SABUR UDDIN R/O BADLA BAZAR PO BADLA BAZAR PS NAGARBERA ASSA

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY PP ASSAM

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Advocate for the Petitioner : P. KALITA

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

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ORDER

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03.07.2024

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Heard Mr. A. Paramanik, learned counsel for the petitioners. Also heard Mr. R.J. Baruah, the learned Additional Public Prosecutor, appearing for the State of Assam.

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The present application is filed under Section 438 of the Code of Criminal Procedure, 1973, for grating pre-arrest bail to the accused petitioners, namely, (1)Jubeda Hanun, (2)Sangita Das, (3) Nur Uddin and (4) Robiul Hussain, who are apprehending arrest bail in connection with Nagarbera Police Station Case No. 63/2024, registered under Section 409/420/34 of the Indian Penal Code.

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The FIR is filed by a person, who claims to be a resident of under Tupamari Gaon Panchayat. The basic allegation is that the petitioners, who are President, Secretary, Ward members had misappropriated money in relation to a work of Land Development at Badla Rangapani Bazar.

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The case diary was called for by this Court.

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Same is produced.

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Perused the same.

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From the case diary, it reveals that the construction of said

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Page No.# 3/4

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Land Development at Badla Rangapani Bazar is not yet completed and work is going on and the Investigating Officer has also collected certain materials and documents and also a report from the period. The materials so far collected; in the considered opinion of this Court do not warrant custodial interrogation of the petitioner inasmuch as the petitioner had appeared before the Investigating Officer and got their statements recorded under Section 161 of the Code of Criminal Procedure, 1973.

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Accordingly, in the interim, in the event of arrest of the petitioners above-named, in connection with the case aforementioned, they shall be released on bail on furnishing bail bond of Rs.25,000/- each with a suitable surety of the like amount, to the satisfaction of arresting authority. The pre-arrest bail is granted on the following conditions:

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(i) The petitioners shall not leave the territorial jurisdiction of the aforesaid police station, without prior written permission from its Officer-In-Charge,

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(ii) The petitioners shall not hamper with the investigation, or tamper with the evidence of the case,

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(iii) The petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer,

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(iv) The petitioners shall appear before the Officer-InCharge, Nagarbera Police Station Case No. 63/2024 within 7(seven) days from today,

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(v) The petitioners shall continue to appear before the Investigating Officer of the above mentioned case after every 10(ten) days from the date of first appearance till such time the attendance is dispensed with by the said investigating officer.

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The case diary be returned back.

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With the above observations, this Anticipatory Bail Application stands disposed of.

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JUDGE

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Comparing Assistant

Jubeda Hanun and Ors. v. the State of Assam

Case brief

What is this about?

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Jubeda Hanun and Ors. v. the State of Assam

Case brief

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