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2024 Supreme(Online)(GAU) 7775

HIGH COURT OF GAUHATI
MRS. JUSTICE MALASRI NANDI, J
SHAHADOT ALI – Appellant
Versus
THE STATE OF ASSAM – Respondent


Advocates:
MR. I H SAIKIA, MR K KASHYAB, MR. M R CHOUDHURY, MR. K KALITA, MR. B BORAH

ORDER

Date : 13.09.2024 Heard Mr. H.R.A. Choudhury, learned Senior Counsel assisted by Mr. I.H. Saikia, learned counsel for the petitioner. Also heard Mr. M. Phukan, learned Public Prosecutor for the State.

2. By this petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner, namely, Shahadot Ali, has prayed for granting pre-arrest bail, apprehending arrest in connection with Vigilance P.S. Case No. 09/2024 under Section 120(B)/420/406/409/468/471 IPC r/w Section 13(1) (a)/13(2) of Prevention of Corruption Act, 1988.

3. The background of the case is that one Salim Malik who is the State Executive Member, Minority Morcha, BJP submitted a complaint petition before the Chief Minister’s Special Vigilance Cell, Assam against the accused petitioner who is the tutor principal of Hamidabad College, Satsia, Dhubri, alleging inter alia that the petitioner had misappropriated college funds in connivance with the members of the Governing body of the said college. Pursuant to the said complaint, an enquiry was conducted by the vigilance cell and submitted a report accordingly and an FIR was registered vide Vigilance P.S. Case No. 09/2024.

4. It is submitted by

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