Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010179522025
2025:GAU-AS:11120
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2607/2025 NUR HUSSAIN SON OF LT. TASPUR ALI RESIDENT OF MILANPUR, WARD NO. 4, NALBARI, ASSAM, PIN-781334. VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. S K GOSWAMI, MR. C MAHANTA,MR. N BARMAN Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 20.08.2025
1. Heard Mr. S.K. Goswami, learned counsel for the petitioner. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State. 2. This application under Section 483 of BNSS, 2023 has been
Page No.# 2/4 filed by the petitioner, namely, 1. Nur Hussain, praying for grant of bail, who is stated to have been arrested on 21.07.2025 in connection with Nalbari P.S Case No.223/2025 under Sections 61(2)/336(3)/340(2) of BNS, 2023. 3. The case arose out of an ejahar dated 16.07.2025, lodged by learned DFO, Chirang Division, Kajalgaon with the allegation that some people had come to the said office to join with fake appointment letters and the said letters were detained and during preliminary enquiry, it came to be known that one racket is behind these activities. One person by the name, Sasanka Das of Nalbari has been named in the ejahar. 4. The learned counsel for the petitioner submits that in the meantime, there must have been significant progress in the investigation. The documentary evidence has been seized. The petitioner has also been in custody since 21.07.2025. 5. It is submitted by the learned counsel for the petitioner that the petitioner shall cooperate in the remaining investigation and in event of being charge-sheeted shall face trial but prays that he may be enlarged on bail at this stage. 6. The learned counsel for the petitioner also raises contention that notice under Section 35 BNSS has not been served upon him at the time of arrest. 7. Case diary has been received. 8. After drawing attention of the Court to the annexed medical papers, it is submitted that he is suffering from various
Page No.# 3/4 ailments which also necessitates grant of bail at this stage. 9. Mr.
D.P. Goswami, learned Additional Public Prosecutor for the State submits that investigation so far has prima-facie revealed the involvement of a racket regarding these fake appointment letters, whereby money is being taken from people and they have been cheated with false assurance of appointment in the Forest Department. 10. It is submitted that there are implicating materials not only against the FIR named accused but also against the present accused i.e. Nur Hussain and who is stated to have printed some fake appointment letters at one press. 11. I have also perused the relevant portions of the case diary. 12. The statements of some alleged victims have also been recorded under Section 183 BNSS before the learned JMFC. In one such statement, the alleged victim has implicated the accused persons including the present accused and stated about being cheated and induced to such fake appointment letters and about payment of Rs.50,000/-. 13. Regarding the aspect of notice, I have perused the ground No.4 which is enumerated by the I.O at the time of arrest and I am satisfied regarding the necessity of arrest. Regarding the health issues, I have perused the medical documents and I find that medical documents dated 06.08.2025, indicating backache, hypertension, diabetics etc. states that the patient has improved. Page No.# 4/4
14. Nevertheless, the allegations, prima-facie are of a very serious nature and the investigation has also revealed implicating materials lending support to the allegations in the ejahar about involvement of racket in such manufacture of fake appointment letters. 15. In a country where millions of youth are starving for employment in Government and Private Sector, any activity of manipulation in public recruitment would be a very serious matter and has to be investigated properly and taken to the logical conclusion. 16. Investigation is not yet completed. 17. In the given facts and circumstances, I do not deem it prudent to grant bail to the accused at this stage. Accordingly, the bail petition stands rejected. 18.
However, the learned jail authorities provide necessary medical assistance to the accused for his medical issues, if any. 19. Return back the case diary. 20. Accordingly, this bail petition stands disposed of. JUDGE Comparing Assistant