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2026 DAILYLAW 16062 (GAU)

MORJINA KHATUN v. THE STATE OF ASSAM

Bail Appln./2768/2026 · 2026-10-06

Anjan Moni Kalita

body2026

Judgment text

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Page No.# 1/3 GAHC010201402026 2026:GAU-AS:15036 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2768/2026 MORJINA KHATUN W/O MAIN UDDIN TALUKDAR, R/O VILLAGE - MADRASSAPARA, P.S ABHAYAPURI, DISTRICT BONGAIGAON, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. . Advocate for the Petitioner : MR S M ABDULLAH P, MR. S RAHMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 07.10.2026 Heard Mr. S. Rahman, the learned counsel for the accused applicant. Also heard Mr. K. K. Parashar, the learned Additional Public Prosecutor for the State. 2. This is an application under Section 483 of BNSS, 2023 praying for granting bail to the accused applicant, namely, Morjina Khatun, in connection with Abhayapuri P.S. Case No. 189/2026 under Sections 3(5)/3(6)/3(7)/3(8)/61(2)/316(5)/112 of the BNS, 2023. 3. The allegation made against the accused applicant is that she, being the Page No.# 2/3 President of BRC (Block Resource Centre), has misappropriated government fund amounting to Rs.52,76,000/- by transferring the same to her private account. 4. The prayer of the accused applicant for bail was earlier rejected on 07.09.2026 in Bail Appln. No.2241/2026 by this court. 5. The case diary in the instant case has been received and the same is perused. 6. The learned counsel appearing for the accused applicant submits that the accused applicant was arrested on 31.07.2026 and since then for the last 69 days, she is behind the bars. He submits that the money has been transferred to her private account only on the instruction of the Block Project Manager. He submits that taking into account of the fact that the accused applicant is a lady and she is behind bars for the last 69 days and all required documents have already been seized by the police, she should be allowed to go on bail. 7. On the other hand, the learned Addl. Public Prosecutor opposes the prayer of bail, saying that a huge amount of government money of poor beneficiaries has been misappropriated by the accused applicant. 8. This Court has gone through the C.D., which has been produced before this Court as well as heard the submissions of the learned counsel appearing for the parties. 9. Taking into account the entire facts of the case and also the fact that the accused applicant is behind bars for the last 69 days, this Court finds it deem fit to grant a relief to the accused applicant at this stage. 10. Accordingly, it is directed that the accused applicant should be released forthwith from jail on furnishing a bail bond of Rs.50,000/- with a surety of like nature to the satisfaction of the learned SDJM, North Salmara at Abhayapuri, subject to the condition that the accused applicant shall co-operate with the Page No.# 3/3 investigation and make herself available as and when called for and the accused applicant shall not hamper or tamper with the investigation in any manner. 11. In terms of the aforesaid direction, the instant bail application is disposed of. 12. Send back the TCR. JUDGE Comparing Assistant