Page No.# 1/3 GAHC010046612025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./628/2025 JAKIR HUSSAIN @ ZAKIR HUSSAIN S/O MOSRAF ALI R/O VILL-PIALIKHAT P.S. CHANGSARI DIST. KAMRUP (RURAL), ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. N MAHAJAN,MR. P K DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 04.03.2025 1. Heard Mr. B. K. Mahajan, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, whereby the petitioner Jakir Hussain @ Zakir Hussain, has prayed for releasing him on bail after he was arrested in connection with Nilambazar Station Case Page No.# 2/3 No.23/2025. 3. A Member of the Legislative Assembly had lodged an FIR before Police alleging that the petitioner had embezzled Rs.70,00,00/- of Government money during the Financial Year 2021-2022 and 2023-2024 without doing any development work. 4. The other allegations brought against the present petitioner is that he has embezzled two amounts, one is Rs.7,50,000/- and another is Rs.15,00,000/- which were meant for Community Hall and for development works of Adarsha Village. 5. The learned counsel for the petitioner has pointed out that the petitioner is a Junior Engineer under the South Karimganj Delelopment Block and he has allotted works to different persons. However, the Block Development Officer had made similar allegation against the present petitioner. 6. In the earlier cases, this Court had granted the interim bail to the present petitioner. 7. According to the learned counsel for the petitioner, when the petitioner went to the Police Station pursuant to the interim order passed by this Court, he was arrested in this Case. 8. The learned counsel for the petitioner further pointed out that in the notice under Section 47 of the BNSS, the ground of arrest has not been mentioned, even in the notice under Section 48 of the BNSS, the ground of arrest has also not been mentioned. 9. According to the learned counsel for the petitioner, ground of arrest was not informed to the petitioner earlier. Therefore, the arrest of the petitioner is illegal. 10. I have considered the submissions made by learned counsel for both the sides. 11. It is a settled position of law that the failure to inform the ground of arrest to the present petitioner, is a violation of the provisions of the Constitution of India, as mentioned in Article 22(1) of the Constitution of India. Page No.# 3/3 12. This Court is of the opinion that the, the petitioner is no longer deserves to be detain in custody. 13. The bail application is allowed. 14. Accordingly, the petitioner Jakir Hussain @ Zakir Hussain, who was arrested in connection with Nilambazar Police Station Case No.23/2025, shall be released on bail of Rs.20,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Sribhumi. 15. The bail application stands disposed of. JUDGE Comparing Assistant