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2025 DAILYLAW 16768 (GAU)

ABDUL HALIM BARBHUIYA v. THE STATE OF ASSAM

AB/1839/2025 · 2025-08-20

Pranjal Das

body2025

Judgment text

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Page No.# 1/3 GAHC010167332025 2025:GAU-AS:11248 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1839/2025 ABDUL HALIM BARBHUIYA S/O- ABDUL GONI BARBHUIYA, VILL.- BHOWARTHAL, P.O.- CHANDIPUR GRANT, P.S.- ALGAPUR, DIST.- HAILAKANDI, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR. A M BARBHUIYA, S. M. ZINNA,MS S R MAZARBHUIYA,MS A BEGUM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 21.08.2025 1. Heard Mr. A.M. Barbhuiya, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State. Page No.# 2/3 2. This is an application filed under Section 482 of the BNSS, 2023, praying for grant of pre-arrest bail to the accused/petitioner, Abdul Halim Barbhuiya, who is apprehending arrest in connection with CID P.S. Case No. 07/2022 under Sections 120(b)/420/468/471/406/409 and R/W Sec.66(D) of I.T. Act 2000, corresponding to GR Case No.5396/2022. 3. The learned counsel for the petitioner submitted that the petitioner was granted interim protection on 04.08.2025 pursuant to which he appeared before the I.O and his statement has been recorded. 4. The case diary has been received which reveals extensive investigation. 5. The learned Additional Public Prosecutor for the State objects to the grant of bail. 6. A detailed report prepared by the I.O regarding the findings of investigation vis-à-vis and the present petitioner has been submitted before this Court and have carefully gone to the same. As per the I.O, the investigation prima-facie found several incriminating materials linking the present petitioner to the alleged offences which are in the nature of scam of scholarships pertaining to minorities students. Such materials against the petitioner are also to be stated in the nature of false representation and manipulation. 7. On the basis of the materials found, he was summoned through a notice under Section 41A, but he did not appear and subsequently, appeared after being granted interim bail by this Page No.# 3/3 Court. 8. The I.O has projected the necessity of custodial interrogation in the investigation. The investigation per se lend support to the allegations including against the petitioner though, the petitioner is not named in the ejahar. The alleged offences are in the nature of financial crimes on organized scale, with highly detrimental effect on society. 9. It would be unjustified to put roadblocks in the investigation on part of the Court and the Investigating Authority should be given flexibility to conduct the full investigation within the ambit of law and following all the safeguards. 10. In such view of the matter, the bail petition stands rejected. 11. Return back the case diary. 12. Accordingly, this anticipatory bail petition stands disposed of. JUDGE Comparing Assistant