THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM

BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR Date : 13.06.2022 ORDER Heard Mr. P Sharmah, learned Counsel for the accused petitioner. Also heard Mr. BB Gogoi, learned Additional Public Prosecutor for the State respondent. By this 2nd petition under Section 439 Cr.P.C., the accused petitioner, namely, Md. Mahammad Ali @ Bhaijan has prayed for grant of bail in connection with CID PS Case No. 2/2022 120B/420/468/409/477A of the IPC r/w Section 7 of the EC Act. Page No.# 2/3 The case diary is placed before the Court. The accused petitioner is in judicial custody since 31.03.2022 for 76 days. It may be mentioned herein that vide order dated 10.05.2022, the bail application of the accused petitioner was rejected in Bail Application 950/2022. The FIR reveals the allegation that on 17.03.2022, the complainant lodged an FIR to the effect that there is a huge scam going in respect of procurement and distribution of subsidized Urea Fertilizer in the State of Assam and some unscrupulous elements in connivance with some public servants have resorted to illegal hoarding of subsidized urea fertilizer and sell off the same to the farmers at a much higher price than the Government fixed rate.

Mr. P Sharmah, learned Counsel for the accused petitioner submits that the accused petitioner has been arrested merely on suspicion and his family members are suffering a lot as he is the sole bread earner in his family. Mr. Sharmah further submits that the co-accused persons in connection with the alleged offence have already been released on bail. Mr. BB Gogoi, learned Add.PP submits that considering the length of detention of the accused petitioner and maintaining the parity with the orders in respect of the co-accused persons, the present accused petitioner may be granted the privilege of bail. On perusal of the case diary and hearing the learned counsel for the parties and considering the length of detention and substantial progress in the investigation, this Court is of the opinion that his further continuation of detention is not required in the interest of investigation. Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs.

50,000/- with one surety of like amount to the satisfaction of the learned C.J.M., Kamrup (M) at Guwahati subject to the following conditions- i) That the accused petitioner shall cooperate with the Investigating Officer as and when required; and ii) That the accused 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 the Police Officer or the Court; and iii) That the accused petitioner shall refrain from committing any similar offences in future of which he is suspected of commission. Page No.# 3/3 Return the case diary. This disposes of the bail application. JUDGE Comparing Assistant