Gauhati High Court
Mrs Mehjubin Begum vs The State Of Assam on 5 August, 2025
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GAHC010138622025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1457/2025
MRS MEHJUBIN BEGUM
D/O LATE ABDUL MANNAN
R/O KAMALABORIA GAON,
NEAR JORHAT MEDICAL COLLEGE AND HOSPITAL, P.S. JORHAT, DIST.
JORHAT, ASSAM
PIN- 785001
VERSUS
THE STATE OF ASSAM
REP BY THE PP, ASSAM
Advocate for the Petitioner : MR G Z AHMED, MR S A REEYAZ
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Date : 05.08.2025
1. Heard Mr. G.Z Ahmed, learned counsel for the petitioner. Also heard Mr.
P.J Barman, learned Additional Special Public Prosecutor for the State of Assam.
2. This application for Anticipatory Bail has been filed by the petitioner
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Mrs. Mehjubin Begum, who was apprehending arrest in connection with
Vigilance P.S Case No. 13/2025 under Section 120B/406/409/420/467/468/471
IPC r/w Section 13(1)(d)/13(2) and 12 of Prevention of Corruption Act, 1988.
3. The gist of accusation in this case is that on the basis of the report of
final enquiry bearing regular enquiry No. 5 of 2025, the Inspector of Police Mr.
Nipu Kalita had lodged an FIR before the Officer-in-Charge of Vigilance Police
Station alleging, therein, that during recruitment process to 8(eight) posts of
Assistant Tourist Information Officer (ATIO) under the Directorate of Tourism,
Assam, anomalies had occurred and the persons entrusted with conduct of the
recruitment indulged in corruption. It is alleged in the FIR that the present
petitioner, namely, Mrs. Mehjubin Begum secured 12 th position in the select list.
However, in the final select list she was shown at 5th position. It is also alleged
in the FIR that it was found during the investigation that the answer script of
the present petitioner bears over-writing with multiple colored ink.
4. Mr. G.Z Ahmed, learned counsel for the petitioner has submitted that
the petitioner was granted interim bail by a co-ordinate Bench of this Court on
25.06.2025 and in pursuant to the directions of the Court, she had appeared
before the Investigating Officer and has cooperated in the investigation. He
further submits that one of the co-accused, namely, Ms. Saymeen Mannan was
also granted absolute Anticipatory Bail by a co-ordinate Bench of this Court on
20.06.2025 in AB Case No. 1264/2025. He submits that the said accused
persons who have been granted bail stands on same footing like that of the
present petitioner.
5. Learned counsel for the petitioner submits that the petitioner is ready
to abide by any condition imposed by this Court while making this interim bail
absolute and therefore, the requirement of custodial interrogation may not be
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there. Hence, he prays for making the interim bail granted to the petitioner
absolute.
6. On the other hand, Mr. P.J Barman, learned Additional Special Public
Prosecutor for the State of Assam has produced the Case Diary of Vigilance P.S
Case No. 13/2025 and has opposed the grant of bail to the present petitioner.
He submits that the petitioner has indulged in corruption and unfair practices to
get herself selected as Assistant Tourist Information Officer (ATIO). He submits
that sufficient incriminating materials were found during investigation against
the present petitioner. He also submits that though the statement of the
petitioner has been recorded under Section 180 of the BNSS, 2023, however,
considering the incriminating materials against the petitioner on record, her
further custodial interrogation may be required and hence, he prays for vacating
the interim bail granted to the petitioner. He also submits that one of the co-
ordinate Bench of this Court has also rejected the prayer of Anticipatory Bail of
one of the co-accused namely, Ms. Ananya Borthakur, who stand on the same
footing like that of the present petitioner.
7. I have considered the submissions made by learned counsel for both
sides and have gone through the Case Diary which was produced by Mr. P.J
Barman, learned Additional Special Public Prosecutor for the State of Assam. It
appears that there are some incriminating materials against the petitioner in the
Case Diary. However, it also appears that the petitioner has complied with the
directions of this Court and has cooperated in the investigation. Her statement
under Section 180 of the BNSS, 2023, has also been recorded by the
Investigating Officer.
8. Under such circumstances, though the learned Additional Special Public
Prosecutor for the State of Assam has submitted that the custodial interrogation
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of the petitioner may be required however, the same could not be justified, in
view of the fact that the petitioner has been cooperating with the investigation.
As the petitioner has complied with the directions of this Court and is
cooperating with the investigation, this Court is of considered opinion that her
custodial interrogation may not be necessary if she continues to cooperate with
the investigation for fair completion of the investigation of the aforesaid case.
For the aforesaid reasons, the interim bail granted to the above named
petitioner by order dated 25.06.2025 is hereby, made absolute with a condition
that the petitioner shall continue to cooperate in the investigation and shall not,
either directly or indirectly, make an inducement or promise to any persons who
may be acquainted with the facts of the case so as to dissuade such persons
from disclosing such facts to the Investigating Officer.
9. This Anticipatory Bail application is accordingly disposed of.
10. Send back the Case Diary.
JUDGE
Comparing Assistant