ORDER

06.01.2021 By this application under Section 439 CrPC, petitioner, namely, Shajida Khatun @ Shazida Khatun, who was arrested on 10.11.2020, has prayed for granting her regular bail, in connection with CID PS Case No. 20/2020, under Sections 120 (B)/406/409/419/420/468/471 IPC.

Today, the learned Additional Public Prosecutor, appearing for the State has produced the Case Diary and also the bail objection given by the IO.

Considered the submissions made by learned counsel for both the parties.

According to the petitioner, she is not involved in the offence alleged.

On 28th August, 2020, Sh. Mahmood Hassan, Director, Assam Minorities Development Board and State Nodal Officer, Pre-Matric Scholarship for Minorities, Assam, lodged an FIR at CID HQ to the effect that the Pre-Matric Scholarship Scheme for minority communities is a Central Sector Scheme sponsored/ implemented by the Ministry of Minority Affairs, Govt. of India annually. Students belonging to the minority communities who secure 50% marks and above in the previous examination and whose parents’/guardians’ annual income does not exceed Rs. 1 lakh are eligible to apply online under the scheme from Class-I to X. To improve transparency in the scheme, the National Scholarship Portal (NSP) was launched to invite applications online on the website, i.e., www.scholarships.gov.in and the amount of scholarship is credited in the bank account of the students through the Direct Benefit Transfer)DBT mode.

The Director/informant has also mentioned about the guidelines and as per the workflow of the system of the online verification of the applications, the verification is done at two levels after the online applications are filed by the applicants on NSP portal- one at the Institute/School level and another at the District level through the designated District Nodal Officer (DNO) (i.e. Inspector of Schools or his authorized officials/District Elementary Education Officer or his authorized officer)

approved by the Ministry of Minority Affairs.

The Director/informant has alleged in the FIR that Headmasters of Schools/Institutions in connivance with middle men and CSP operators of different banks misappropriated Govt. Funds meant for poor minority students. He has further alleged that many of them prepared fake documents and uploaded as genuine with a view to misappropriate Government money for their personal gains. Hence, the case.

On perusal of the Case Diary and report from the IO, it reveals that the accused petitioner, Shazida Khatun, is the sister of prime accused, Robiul Islam of Nepalikhuti, Mornoi, Goalpara. During investigation, it has been found that approx. Rs. 8,81,000/- under Pre-Matric Minority Students Scholarship meant for beneficiaries of different schools of Goalpara district were credited in her bank account (A/c No. 19320100010263) at the Bank of Boroda, Bongaigaon branch, with the connivance of her brother Robiul Islam. Investigation so far has also revealed that the amounts credited in the bank account of the accused persons were transferred to the bank accounts belonging to other accused person, which shows that the accused is a middle person involved in the offence. The petitioner, herein is an unemployed woman and cannot account such accumulation of huge amount in her account. Prima facie materials reveal that she played an important role in the conspiracy of misappropriation of Government sponsored scholarship scheme, meant for deserving students in connivance with other accused persons.

Considering the gravity of the offence and the complicity of the present petitioner, her bail prayer stands rejected.

Bail Application stands disposed of.

Return the Case Diary.

JUDGE Comparing Assistant