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2025 DAILYLAW 17372 (GAU)

HABIBUR RAHMAN v. THE STATE OF ASSAM

Bail Appln./2551/2025 · 2025-08-13

Pranjal Das

body2025

Judgment text

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Page No.# 1/3 GAHC010176292025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2551/2025 HABIBUR RAHMAN S/O LATE IMAN ALI VILL- RAMPUR PAM (UPPER DOOMDUMIA) P.S. BATADRAVA DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MD S ALI, MR M RAHMAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 14.08.2025 Heard Md. S. Ali, learned counsel for the petitioner. Also heard Mr. R.J. Barua, learned Additional Public Prosecutor for the State. 2. This application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, the accused petitioner namely, Habibur Rahman, has prayed for bail in connection with Batadrava P.S. Case No. 92/2025, registered under Section 318(4) /319(2)/336(2)/336(3)/340(2)/61(2) of BNS, 2023. 3. The case arose out of an ejahar dated 22.07.2025 lodged by the informant Nur Nehar, naming the present petitioner in the ejahar. It is alleged that the petitioner took initiative to open accounts of the informant and other persons and later on, in nutshell the allegation is that through such accounts, the money which should have belonged to the account holders was misappropriated. 4. The learned counsel for the petitioner submits that he is not involved and contends that the accused is innocent and it is also submitted that he has a new born baby to look after. 5. The learned Additional Public Prosecutor submits on the basis of the received of the case diary that apart from the informant, several witnesses have implicated the present petitioner and stated that he was the person who plays one of the important roles in creating the account numbers and taking such Page No.# 3/3 account details and the money in question was also received and misappropriated by him. 6. I also perused the case diary including the bail objection. The investigating officer has contended that the present accused is directly involved in creating account numbers of the beneficiaries and withdrawn the money from their accounts by himself. The complainant has supported her allegation. From a bare perusal, it appears that several witnesses have given support to the allegation about such misappropriation of money. Considering the nature of allegations and the materials revealed, I am of the considered opinion that at this stage where the investigation is still in progress, bail should be refused to the present accused. 7. In view of the above, bail petition stands rejected and disposed of accordingly. JUDGE