Page No.# 1/3 GAHC010075592025 2025:GAU-AS:4660 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1105/2025 TAYABUR RAHMAN MAZUMDER @ MD BILAL AHMED @ BILAL MASTER S/O LATE ASHARATH ALI MAZUMDER, RESIDENT OF BHUGESWARI PHUKANONI ROAD, MUSLIM PATTY, WARD NO. 15, P.S HOJAI, DIST HOJAI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MR. I U CHOWDHURY,MR. A AHMED Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 11.04.2025 Heard learned senior counsel Mr. H. R. A. Choudhury, for the petitioner Tayabur Rahman Mazumder @ Md. Bilal Ahmed @ Bilal Master who has filed this application under Section 483 of the BNSS, 2023 with prayer for bail as he is behind bars since 01.04.2025 in connection with Hojai Police Station Case No. 90/2025 under Sections 318(4)/316(5)/336(3)/76 of the BNS, 2023. 2. Heard Mr. R. J. Baruah, learned Additional Public Prosecutor, Assam for the respondent State. 3. The allegation against the petitioner is that he has induced the informant to execute the power of attorney and thereafter, this power of attorney was used by him and the land of the informant was sold to a third party for a consideration of Rs. 3,00,000/-. 4. Learned senior counsel for the petitioner has submitted that Tauzi land cannot be sold. It is a civil matter in the garb of a criminal case and the petitioner’s dispute can be resolved through a civil case. 5. It has been observed by the Hon’ble Supreme Court in Naresh Kumar & Anr. vs The State of Karnataka & Anr in connection with SLP (CRL.) NO 1570 of 2021, that criminal proceedings cannot be taken recourse to as a weapon of harassment. 6. Learned Additional Public Prosecutor has raised serious objection stating that there are incriminating materials in the case-diary against the petitioner. 7. I have scrutinized the case-diary. Indeed there are incriminating materials in the case-diary against the petitioner and investigation is at its nascent stage. Page No.# 3/3 Statements of the two witnesses have been recorded so far. 8. I have considered the submission that the petitioner is a heart patient and Annexure-6 are the medical documents of the petitioner. 9. It appears that further custodial detention may not be required to further the investigation. The petitioner is the in-charge head teacher of Jugijan M.E. School who is already under suspension and is thus not a flight risk. 10. Considering all aspects, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs. 30,000/- with a suitable surety of like amount to the satisfaction of the learned CJM, Hojai, Sankardev Nagar under the conditions that: (i) The petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation, (ii) The petitioner shall refrain from such activities with which he is alleged, and (iii) The petitioner shall not leave the jurisdiction of the Court without prior permission. 11. On breach of any of the bail conditions, the Court is at liberty to immediately cancel the bail granted to the petitioner. 12. In terms of the above observation, this bail application stands disposed of. 13. Send back the case-diary. JUDGE Comparing Assistant