Allowed

Rezaul Hoque Khan v. the State of Assam

Gauhati HC13 Jun 2019AB/1180/2019

Case brief

AI extract

What is this about?

Petitioner sought anticipatory bail under Section 438 Cr.P.C. in a kidnapping case. Interim bail granted on April 12, 2019, was made absolute. The court noted the petitioner cooperated with investigation, his statement was recorded, no adverse report existed, and case diary showed no need for custodial interrogation.

What did the court decide?

Interim pre-arrest bail granted vide order dated 12.04.2019, made absolute subject to standard conditions and appearance for investigation.

Rezaul Hoque Khan Vs the State of Assam — Anticipatory Bail | Gauhati HC (2019)

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Page No.# 1/2

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GAHC010084102019

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

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Case No. : AB 1180/2019

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1:REZAUL HOQUE KHAN S/O- ABDUL JABBAR KHAN, VILL- BHAMONDANGA PART-II, P.OKHERBARI, P.S- AGOMONI, DIST- DHUBRI, ASSAM

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VERSUS

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1:THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. A T SARKAR

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Advocate for the Respondent : PP, ASSAM

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BEFORE

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HON’BLE MR. JUSTICE AJIT BORTHAKUR

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13.06.2019

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Heard Mr. AT Sarkar, learned counsel for the petitioner as well as Mr. B Sarma, learned Additional Public Prosecutor, Assam.

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By this application filed under Section 438 Cr.P.C., the petitioner, namely, Rezaul Hoque Khan has prayed for granting him pre-arrest bail in connection with Agomoni PS Case No.38/2019 (corresponding to GR No.594/2019) registered under Section 366/34 IPC.

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It is submitted by the learned counsel for the petitioner that after getting interim prearrest bail from this Court, the petitioner appeared before the Investigating Officer of Agomoni PS Case No.38/2019 and his statement has been recorded under Section 161 Cr.P.C.

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Page No.# 2/2

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The case diary, as called for, is placed before the Court.

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On perusal of the case diary, it is noticed that the petitioner appeared before the concerned Investigating Officer and got his statement recorded under Section 161 CrPC. The petitioner is also cooperating in the investigation and on the other hand, there is no adverse report against him from the Investigating Officer. The case diary reveals no sound and justifiable reason for custodial interrogation of the petitioner in the interest of further investigation of the case.

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In view of the above, the interim pre-arrest bail granted to the petitioner vide order, dated 12.04.2019, is hereby made absolute, subject to the following conditions:-

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That the petitioner shall appear before the Investigating Officer of Agomoni PS Case No.38/2019 as and when required for necessary investigation of the case.

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That the petitioner shall not hamper or tamper with the evidence of the case 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/her from disclosing such facts to the Court or to any police officer.

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Accordingly, the anticipatory bail application stands disposed of.

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Return the case diary.

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JUDGE

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Comparing Assistant

Rezaul Hoque Khan v. the State of Assam

Case brief

What is this about?

What did the court decide?

Rezaul Hoque Khan v. the State of Assam

Case brief

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