Allowed

Ahidur Haque @ Maina v. the Union of India

Gauhati HC4 Dec 2018AB/2872/2018

Case brief

AI extract

What is this about?

The Gauhati High Court granted absolute pre-arrest bail to the petitioner under Section 438 Cr.PC. The court found no need for custodial interrogation as the petitioner had cooperated with the investigation previously. Bail was granted subject to standard conditions.

What did the court decide?

Interim pre-arrest bail granted vide order dated 15.09.2018 was made absolute subject to conditions of cooperating in investigation, not threatening witnesses, not committing similar offence, and retu

Ahidur Haque @ Maina Vs the Union of India — Bail and Remand | Gauhati HC (2018)

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GAHC010205872018

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THE GAUHATI HIGH COURT

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(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB 2872/2018

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1:AHIDUR HAQUE @ MAINA S/O ASANUL HAQUE,

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R/O VILL AND P.O. MORABAAR,P.S. AMGURI, DIST. SIVASAGAR, ASSAM, PIN -785680.

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VERSUS

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1:THE UNION OF INDIA REP. BY THE G.M., NF RAILWAY

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Advocate for the Petitioner : MR A ALI

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Advocate for the Respondent : SC, NF RLY

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BEFORE

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HONOURABLE MR. JUSTICE AJIT BORTHAKUR

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ORDER

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Date : 04-12-2018

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Heard Mr. S Islam, learned counsel for the petitioner as well as Mr. B Sarma, learned Standing Counsel, NF Railway.

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This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the accused-petitioner, namely, Md. Ahidur Haque @ Maina, in connection with RPF Post/SLGR Case No. 01/2018 under Section 3(a) of the R.P.(UP) Act.

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Perused the petition as well as the annexures furnished therewith. Also perused the case diary produced before this court.

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In terms of the interim pre-arrest bail granted to the petitioner by this court on 15.09.2018, he

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has appeared before the Investigating Police Officer and his statement under Section 161 Cr.PC has also been recorded and further has been co-operating with the investigation.

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In view of the above, custodial interrogation of the accused-petitioner is not found to be required and therefore, the interim pre-arrest bail granted to the accused-petitioner, vide order, dated 15.09.2018, is hereby made absolute subject to the following conditions:-

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The petitioner shall co-operate in investigation and 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 Court or to any police officer.

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The petitioner shall not commit similar offence of which he is accused of in the instant case.

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Return the case diary.

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The petition stands disposed of accordingly.

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JUDGE

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Comparing Assistant

Ahidur Haque @ Maina v. the Union of India

Case brief

What is this about?

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Ahidur Haque @ Maina v. the Union of India

Case brief

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