Page No.# 1/3 GAHC010046352026 2026:GAU-AS:3454 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/482/2026 HAFIZ HUSSAIN ALIAS AHMED HUSSAM S/O LATE ASAR UDDIN @ ASAD UDDIN VILL- AMALAGRAM P.O. BARAIGRAM P.S. PATHARKANDI, DIST. SRIBHUMI (KARIMGANJ), ASSAM, PIN-788723 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, J M SULAIMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 09.03.2026 Heard Mr. H.R.A. Choudhury, learned Senior counsel assisted by Mr. J.M. Sulaiman for the petitioner and Mr. P. Borthakur, learned Additional Public Prosecutor for the State. Page No.# 2/3 2. By this application, the petitioner has prayed for pre-arrest bail in connection with Patharkandi Police Station Case No. 06/2026 registered under Sections 406/420/471/468/34 Indian Penal Code, 1860. 3. The FIR dated 16.01.2026 lodged by one Tajul Hussain, Member Advisory Committee of Sherpur Jama Masjid, reveals that petitioner and another, who were working as Cashier and Secretary respectively, had dishonestly and fraudulently misappropriated money which was given in donation to the said Masjid.It was also alleged that the petitioner had prepared forged documents relating to the transactions of the mosque and had also destroyed valuable documents of the said Masjid. 4. Mr. H.R.A. Choudhury, learned Senior counsel submitsthat the entire allegations were based on suspicion of misappropriation and in the prayer part of the FIR, a request was made to the police to conduct a thorough investigation into the financial activities of the said mosque, which would uncover the misappropriation of funds. He further submits that the local inhabitants of the said mosque have given a representation to the Officer-In- Charge of the Patharkandi Police Station, stating inter alia that the petitioner is just a religious head of the mosque, who imparts religious education to the children and that he had no connection with the managing committee of the said mosque. It was further stated that it was the informant who had taken an advance money from the mosque to the tune of Rs.3,20,000 (Rupes Three Lakhs and Twenty Thousand) for supplying of woods but the same was neither supplied nor the money was given back and that the informant had lodged the FIR against the religious head just to cover his misdeeds. Page No.# 3/3 5. Mr. P. Borthakur, learnedState counsel submits that the petitioner was stated to be the cashier in the said FIR, who will have access to the money donated to the mosqueand in suspicion that he is the one who had misappropriated the sum, was arrayed as an accused in the said FIR. Further he submits that there is allegation that the petitioner has converted the property of the mosque for his own use. 6. On consideration of the submissions made by the parties, moreso, due to the fact that the local inhabitants of the said mosque have given a representation that the petitioner was just a religious head who has got nothing to do with the donations given to the mosque, this Court deems it fit that the petitioner be released on anticipatory bail on furnishing of a bail bond Rs.30,000/- (Rupees Thirty Thousand) with two local sureties for the like amount to the satisfaction of the arresting authority under the following conditions :- (i) He will appear before the Investigating Officer within a period of 10 (ten) days from today. (ii) He will not hamper with the evidence and influence the witnesses connected with this case. 7. Petition is disposed of. JUDGE Comparing Assistant