ORDER

30.09.2022 Heard Mr. S.C. Biswas, learned counsel for the petitioner. Also heard Mr.

D.P. Goswami, learned APP appearing for the State.

Apprehending arrest in connection with Golakganj P.S. Case No.

1272/2021 corresponding to G.R. Case No. 6080/2021 under sections 120(B)/420/406/386/297/506 IPC, the petitioner has filed this application under section 438 Cr.P.C.

The learned counsel for the petitioner has submitted that the petitioner had joined as a Lat Mandal under the Golakganj Revenue Circle on 16.01.2021 and on being transferred as a Lat Mandal at Agomani under Agomani Revenue Circle, in the district of Dhubri on 18.01.2021.

It is submitted that in the present case in hand, the FIR was filed at Golakganj P.S. Case No. 1272/2021 on 20.11.2021 alleging that one of the FIR named accused had taken out brokerage money of Rs. 1,00,000/- from the informant and misappropriated the money without correctly making correction in the entry of the name of the husband in the records of rights. Therefore, it is submitted that the petitioner has been falsely implicated in this case as he was not posted at Golakganj when the FIR was lodged.

The learned APP has produced the case diary and pursuant to order dated

14.09.2022, he has also received a clarification from the I.O. wherein, it has been clarified that the concerned Lat Mandal and at that part of time was Abdul Jabbar and not Jabbar Ali.

On a perusal of the case diary, it appears that there are certain allegations against one Abdul Jabbar and it is seen that the present petitioner i.e. Jabbar Ali was not the Lat Mandal at the relevant point of time.

In view of the above, the Court is inclined to grant interim pre-arrest bail to the petitioner by providing that in the event of the arrest of the petitioner, namely, Jabbar Ali in connection with the aforesaid case, he shall be released on interim bail on furnishing bail bond of Rs.30,000/- with one suitable surety of like amount to the satisfaction of the arresting officer.

The interim bail is granted on the following conditions:

1. The petitioner shall make himself available to the police or any other investigating agency or Court in the present case as and when required.

2. The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witness.

3. The petitioner shall not obstruct the smooth progress of the investigation/trial.

4. The petitioner shall not misuse his liberty in any manner.

5. The petitioner shall appear before the I/O within 10 (ten) days from today.

Application stands disposed of.

Case diary is returned.

JUDGE

Comparing Assistant