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2020 DIGILAW 245 (GAU)

Mafuza Rahman v. State Of Assam

2020-02-20

MANISH CHOUDHURY

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JUDGMENT 1. Heard Mr. M. Ahmed, learned counsel for the accused-petitioner. Also heard Mr. K. Konwar, learned Additional Public Prosecutor for the State. 2. By this application under Section 438, Code of Criminal Procedure, 1973 (Cr.P.C.), the accused-petitioner viz. Mafuza Rahman has prayed for pre-arrest bail apprehending his arrest, in connection with Dhubri Police Station Case No. 2162/2019, registered under Sections 406/468/471/420/384, I.P.C. 3. The case diary, as called for, has been received by the learned Additional Public Prosecutor for the State. Pursuant to the interim order dated 27.01.2020 the accused petitioner has appeared before the Investigating Officer of the case and her statement has been duly recorded by the Investigating officer. 4. Perused the contents of the FIR. The petitioner is the President of Dharmasala Gaon Panchayat. In the FIR, it is alleged that the petitioner in collusion with her husband named as accused no. 2, prevented the job card holders from getting their due wages by not signing the bills submitted in this regard. A further allegation is also made as regards the pending enquiry against the petitioner in respect of anomalies committed by her in respect of PMAY Scheme. 5. By producing a copy of enquiry report dated 03.10.2019, Mr. Ahmed has submitted that nothing incriminating against the petitioner has been found in the enquiry report. The earlier complaint was also lodged by the informant. The materials collected during the course of investigation, as available in the case diary, also do not reveal any such incriminating materials against the accused-petitioner which requires custodial interrogation of the accused-petitioner. Thus, this Court is of the considered view that the privilege of pre-arrest bail can be extended to the accused-petitioner provided, she continues to cooperate with the further investigation of the case. 6. Having due regard to the aforesaid fact situation, it is ordered that the interim protection granted to the accused-petitioner on 27.01.2020 is hereby made absolute, subject to the following conditions :- 1. The accused-petitioner shall appear before the Investigating Officer of the case as and when her presence is required for the interest of investigation; 2. The accused-petitioner shall not leave the territorial jurisdiction of the police station, without prior written permission from its Officer-in-Charge, Dhubri Police Station; 3. The accused-petitioner shall not hamper with the investigation or tamper with the evidence of the case; and 4. The accused-petitioner shall not leave the territorial jurisdiction of the police station, without prior written permission from its Officer-in-Charge, Dhubri Police Station; 3. The accused-petitioner shall not hamper with the investigation or tamper with the evidence of the case; and 4. The accused-petitioner 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. 7. The application stands disposed of in the afore-mentioned terms. Return the Case diary.