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2025 DAILYLAW 22150 (GAU)

AMAZADUL HUSSAIN MAZUMDER v. THE CENTRAL BUREAU OF INVESITGATION

Bail Appln./3921/2024 · 2025-01-05

Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/3 GAHC010273842024 2025:GAU-AS:114 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3921/2024 AMAZADUL HUSSAIN MAZUMDER S/O LT. FURKAN ALI MAZUMDER R/O HAILAKANTI TOWN, WARD NO. 2, P.O., P.S. AND DIST. HAILAKANDI, ASSAM VERSUS THE CENTRAL BUREAU OF INVESITGATION REP BY THE SC, CBI Advocate for the Petitioner : MR. M H LASKAR, M. HOSSAIN Advocate for the Respondent : SPL. PP, C.B.I., BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 06.01.2025 1. Heard Mr. M. H. Laskar, learned counsel for the petitioner, Amzadul Hussain Mazumder who has filed this application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since 02.09.2024 in connection with CBI, ACB, Shillong FIR No. RC- Page No.# 2/3 0202024E0004under Sections 406/420/409/120B of the IPC read with Sections 21(1),(2),(3) of the Banning of Unregulated Deposits Schemes Act, 2019. 2. Also heard learned Special Public Prosecutor, CBI, Mr. M. Haloi. 3. The allegation against the petitioner is that he has misappropriated funds in the name of Singhania Fintech Agribusiness Consortium limited. 4. Learned Special Public Prosecutor has raised serious objection stating that the petitioner is involved in an economic offence and he is not entitled to bail. It is further submitted that as a prima facie case was found against the petitioner, charge-sheet has been laid against him. 5. Learned counsel for the petitioner has submitted that all the co-accused including the prime accused Hemanta Kumar Gogoi has already been granted bail. The petitioner is willing to cooperate with the trial and to abide by any stringent bail conditions if imposed upon him. 6. I have considered the submissions at the Bar with circumspection. I have considered the submission that the petitioner is willing to cooperate with the trial. The petitioner is a local resident and he is not a flight risk. I have also considered the submission that all the other co-accused in connection with this case have been granted bail. 7. Considering all aspects, petition is allowed. The petitioner is enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction of the Trial Court under the conditions that : (i) the petitioner shall cooperate with the trial, Page No.# 3/3 (ii) the petitioner shall not jump the bail, (iii) the petitioner shall refrain from such activities with which he is alleged, and (iv) the petitioner shall not tamper with the evidence. 8. On breach of any of the bail conditions, the Court is at liberty to cancel the bail granted to the petitioner. 9. In terms of above observation, this Bail Application stands disposed of. JUDGE Comparing Assistant