25.02.2025 73 to 75 Court No.26 S.D. Rejected CRM (DB) 2860 of 2024 In re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973 read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Karandighi Police Station Case No. 324 of 2021 dated 9.7.2021 under Sections 419/420/468/471/120B of the Indian Penal Code, adding section 409/413/467/195A of the Indian Penal Code read with Section 66 D of the Information Technology Act. -And- In the matter of: Saha Alam @ Abdus Salam & Anr. … … Petitioners With CRM (DB) 3206 of 2024 In re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973 read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Karandighi Police Station Case No. 214 of 2022 dated 24.04.2022 under Sections 420/406/468/471/120B of the Indian Penal Code adding Section 413 of the Indian Penal Code and Section 66D of the Information Technology Act. -And- In the matter of: Saha Alam @ Abdus Salam …Petitioner With CRM (DB) 3413 of 2024 In re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973 read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Karandighi Police Station Case No. 214 of 2022 dated 24.04.2022 under Sections 409/419/420/468/471/413/467/218/120B of the Indian Penal Code, 1860 read with Section 66D of the Information Technology Act, 2000. -And- 2 In the matter of: Faijul @ Md. Faijul Rahaman …Petitioner Mr. Sandipan Ganguly, Sr. Adv., Mr. Feroze Edulji, Sr. Adv., Mr. Aritra Bhattacharya Mr. Biraj Biswas … … For the Petitioner in C.R.M. (DB) 2860 of 2024 Md. Ashraf Ali Md. Raziuddin … …For the petitioner in C.R.M. (DB) 3206 of 2024 Mr. Biraj Biswas ..For the petitioner in C.R.M. (DB) 3413 of 2024 Mr. Rudradipta Nandy, Ld. A.P.P., Mr. Madhusudan Sur, Ms. Rituparna Ghosh Mr. Apalak Dutta Mr. Anirban Dutta Ms. Nahid Ahmed Mr. D. Ghorai …For the State Three applications for bail are taken up for analogous hearing as they were being heard analogously by the Coordinate Bench. Learned advocate appearing for the petitioner in C.R.M. (DB) 2860 of 2024 submits that his clients are not willing to press the application for grant of bail. Learned Additional Public Prosecutor appearing for the State opposes such prayer since the bail applications were taken up for consideration for number of days. He draws the attention of the Court to the orders passed in the bail applications. He also relies upon a report which discloses the properties which the petitioners amassed by misutilizing the largesse of the State. 3 Learned advocate appearing for the petitioner in C.R.M. (DB) 3206 of 2024 submits that the petitioner is not named in the FIR. He submits that an application for anticipatory bail made by his client was rejected by the High Court against which a Special Leave Petition was preferred. On the dismissal of the Special Leave Petition, he surrendered before the Jurisdictional Court. There is no material as against his client. Learned advocate appearing for the petitioner appearing for the petitioner in C.R.M. (DB) 3413 of 2024 submits that there are two FIRs relating to the same offence. His client is falsely implicated. His name does not transpire in the first registered complaint. Learned Additional Public Prosecutor appearing for the State draws the attention of the Court to the materials on record. He submits that the petitioner in C.R.M. (DB) 3206 of 2024, namely Saha Alam @ Abdus Salam is a Group-D employee of a school, while the petitioner in C.R.M. (DB) 3413 of 2024, namely Faijul @ Md. Faijul Rahaman is a para teacher. He refers to a writing dated September 6, 2024 issued by the Additional District Sub-Registrar, Dalkhola, Uttar Dinajpur and submits that, there are at least 18 properties discovered belonging to either Saha Alam @ Abdus salam or Faijul @ Md. Faijul Rahaman or their immediate near relatives worth much more than their known source of income. 4 Learned Additional Public Prosecutor submits that both the petitioners were involved in diverting State largesse for Scheduled Castes and Scheduled Tribes students in the nature of scholarship. The quantum of fund found to be misappropriated is in excess of Rs.92 crores. Learned Additional Public Prosecutor points out that near relatives including the mother and the brother of the petitioners received State largesse of students’ scholarship. Petitioners before us stand implicated in crimes relating to misappropriation of Government funds meant for a particular project. There are materials on record including documents of title which suggests that the proceeds of the crime were misutilized to buy properties in their names as also in the names of their near relatives. The accumulation of such huge properties remains unexplained by the petitioners. The applications for bail were heard from time to time on merits and, therefore, at this stage, we are not in a position to allow the petitioners in C.R.M. (DB) 2860 of 2024 to not press such application. Considering the materials on record and the involvement of the petitioner and the fact that a sum in excess of Rs.92 crores of public money stands misappropriated by the petitioners before us, we are not inclined to grant bail to the petitioners in any of the three 5 bail applications and the prayer for bail of the petitioners in all the bail applications are rejected. The applications being C.R.M. (DB) 2860 of 2024, C.R.M. 3206 (DB) of 2024 and C.R.M. (DB) 3413 of 2024 stand dismissed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)