MD Jakir Hussain Vs the State of Assam — Anticipatory Bail | Gauhati HC (2025)

MD Jakir Hussain Vs the State of Assam — Anticipatory Bail | Gauhati HC (2025)

What the court decided

AI extract

Outcome

Pre-arrest bail granted to the petitioner on furnishing of a bail bond of Rs.20,000/- with two local sureties of the like amount to the satisfaction of the arresting authority, subject to the conditions that he cooperate with the investigation and appear before the Investigating Officer as and when called, not tamper with evidence or influence witnesses, and not leave his place of residence without permission of the arresting authority; the Anticipatory Bail Application accordingly stands disposed of.

Issue for consideration

Whether the petitioner, Md Jakir Hussain, should be enlarged on pre-arrest (anticipatory) bail in connection with Mukalmua Police Station Case No.212/2024 (G.R. Case No.695/2024) registered under Sections 120B/468/471/384/409 of the IPC.

Court's answer

On the submissions of counsel and perusal of records, this Court deemed it fit to enlarge the petitioner on pre-arrest bail on furnishing of a bail bond of Rs.20,000/- with two local sureties of the like amount to the satisfaction of the arresting authority.

Ratio / Principle

A specific ground for granting pre-arrest bail was that an agreement of settlement had been reached between the parties, i.e., the informant and the petitioner.

Key takeaways

A further ground for granting pre-arrest bail was that no other victims had come forward against the petitioner.ratio¶24
The pre-arrest bail was made subject to conditions, including that the petitioner cooperate with the investigation and appear before the Investigating Officer as and when called for, that he not tamper with the evidence nor influence the witnesses connected with the case, and that he not leave the place of his residence without permission of the arresting authority.ratio¶25

Detailed headnote1 paragraphs

Gauhati High Court (Shamima Jahan, J.), Order dated 03.09.2025 in AB/1669/2025: Anticipatory bail application under Section 482 of the BNSS, 2023 by Md Jakir Hussain in Mukalmua Police Station Case No.212/2024 (G.R. Case No.695/2024), registered under Sections 120B/468/471/384/409 of the IPC. The FIR dated 30.05.2024 alleged that the petitioner took documents from the informant on a promise of a house under the Pradhan Mantri Awas Yojona scheme, procured a CSP appointment certificate in the informant's name through fake educational certificates, forged the informant's signature for the CSP, cheated other persons similarly and embezzled funds from Government schemes. Noting an agreement of settlement between the informant and the petitioner and that no other victims had come forward, the Court enlarged the petitioner on pre-arrest bail on a bail bond of Rs.20,000/- with two local sureties of the like amount, subject to conditions of cooperation with the investigation, non-tampering/non-influencing of witnesses, and not leaving his residence without permission of the arresting authority. Application disposed of.

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GAHC010150022025

2025:GAU-AS:11948

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

Case No. : AB/1669/2025

MD JAKIR HUSSAIN S/O MD. UKIL UDDIN R/O VILL- BARDHAP P.O. MARUWATARI P.S. MUKALMUA DIST. NALBARI, ASSAM

VERSUS

THE STATE OF ASSAM REP BY THE PP, ASSAM

Advocate for the Petitioner : MR. B CHOWDHURY,

Advocate for the Respondent : PP, ASSAM, MR. S H RAHMAN(INFORMANT),MR. M S MONDAL (INFORMANT)

BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

ORDER

03.09.2025

Heard Mr. B. Choudhury, learned counsel for the petitioner and Mr. B.

Sarma, learned Addl. P.P., Assam for the State.

By this application filed under Section 482 of the BNSS, 2023 the

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petitioner, viz., Md. Jakir Hussain has prayed for pre-arrest bail in connection with Mukalmua Police Station Case No.212/2024 registered under Sections 120B/468/471/384/409 of the IPC corresponding to G.R. Case No.695/2024.

The F.I.R. dated 30.05.2024 lodged by the victim inter-alia reveals that the petitioner had taken the necessary documents from the informant with the promise that he would provide a house under the Pradhan Mantri Awas Yojona scheme and by filing fake educational certificates had procured an appointment certificate in the name of the informant for opening a CSP and for that CSP he forged the signature of the informant and that the petitioner had also cheated likewise with other persons and had illegally embezzled funds from various Government schemes.

Mr. B. Choudhury, learned counsel for the petitioner submits that the story projected by the informant is concocted inasmuch as the other victims had not approached the concerned authorities with their grievance, if any, as has been alleged by the victim.

Mr. B. Sarma, learned Addl. P.P., on the other hand, submits that the complainant in his statement before the police has alleged in similar terms as he stated in the F.I.R. However, he fairly submits that there are no statements of similarly situated victims as stated by the informant. Although he submits that there are other witnesses who had stated about the transactions but they are not conversant about the same.

On the submissions of the learned counsel for the parties and on perusal

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of the records and more specifically that an agreement of settlement has been reached between the parties i.e. the informant and the petitioner and also on the fact that no other victims have come forward against the petitioner, this Court deems it fit to enlarge the petitioner on pre-arrest bail on furnishing of a bail bond of Rs.20,000/- with two local surety of the like amount to satisfaction of the arresting authority under the following conditions :-

(1) That the petitioner shall cooperate with the investigation and shall appear before the Investigating Officer as and when called for.

(2) That the petitioner shall not tamper with the evidence and shall not influence the witnesses connected with the case.

(3) That the petitioner shall not leave the place of his residence without permission of the arresting authority.

The Anticipatory Bail Application stands disposed of.

JUDGE

Comparing Assistant