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2025 DAILYLAW 25469 (GAU)

RUBIN ALAM v. THE STATE OF ASSAM

Bail Appln./3697/2025 · 2025-11-24

Sanjeev Kumar Sharma

body2025

Judgment text

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Page No.# 1/3 GAHC010253102025 2025:GAU-AS:16001 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3697/2025 RUBIN ALAM S/O TAHIBULLAH SHEIKH R/O- PATUAKATA P.S- MIKIRBHETA DIST- MORIGAON, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MR H A RASHID,MR. I U CHOWDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 25.11.2025 1. Heard Mr. H. R. A. Choudhury, learned Senior Counsel assisted by Mr. I. U. Choudhury, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State of Assam. 2. This application has been filed by the petitioner, namely, Rubin Alam under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking bail Page No.# 2/3 in connection with Morigaon P.S. Case No.254/2025 under Sections 318(4)/316(2)/316(5)/336(3)/340(2) of the BNS 3. The Additional District Magistrate, Morigaon lodged an FIR on 10.10.2025, before the Morigaon Police Station, inter alia, alleging that a departmental enquiry has been made regarding Janani Suraksha Yojana, a Government Scheme implemented for pregnant woman providing Rs.1400/- to the mother (hereinafter referred as JSY in short) within Morigaon District and found some infirmities in preparing the names of beneficiary in STGH Civil Hospital. Implementing the scheme w.e.f. 1st April, 2023 to August, 2025. The scheme provided Rs.1400/- to the mother and Rs.700/- for referral and authority is unable to verify the actual figure of the credited list of beneficiaries due to not maintaining proper delivery register by the hospital. The complainant alleged misappropriation of JSY’s fund is estimated to be approximately 1 (one) crore within the district. The complainant further stated that the Hospital Management Committee including one Trailokya Deka and one Rubin Alam are responsible for maintaining of such record. On receipt of the ejahar a case was registered and started investigation. 4. Learned Additional Public Prosecutor on perusal of the Case Diary submits that as it appears from the statement of the complainant, the role of the petitioner is to verify the documents before processing the request for granting benefits under the JSY scheme. 5. The petitioner was arrested on 11.10.2025, he has already spent 47 days in Judicial Custody and since the case appears to be based on documents, which have already been seized, further detention of the petitioner may not be necessary although the investigation is still in progress. 6. Therefore, the bail application of the petitioner is allowed. Page No.# 3/3 7. It is hereby directed that the petitioner, Rubin Alam, who was arrested in connection with Morigaon P.S. Case No.254/2025 shall be released on bail on furnishing a bail bond of Rs.50,000/- with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Morigaon. 8. With the aforesaid direction, this Bail Application stands disposed of. JUDGE Comparing Assistant