Anticipatory bail application allowed. Court found custodial interrogation unnecessary. Petitioner released on bail of Rs. 20,000 with conditions to cooperate in investigation and refrain from similar offenses.
Petitioner released on pre-arrest bail of Rs. 20,000 with one suitable surety of the like amount.
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GAHC010055492019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 760/2019
1:KHALILUR RAHMAN
S/O NAYAN KHAN, VILL-RUBHI, P.S.-KALGACHIA, DIST-BARPETA, ASSAM, PIN-781319
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. S AHMED
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 09-05-2019
Heard Mr. S. Ahmed, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the State respondent.
By this petition under section 438 of the Cr.P.C., the petitioner namely, Khalilur Rahman has prayed for grant of pre-arrest bail apprehending his arrest in connection with Kalgachia P.S Case No. 140/2019 under Sections 420/482/483/487/34 of the IPC, R/W Section 53(1) Assam Excise Act.
The case diary, as called for, is placed before the Court.
Mr. S. Ahmed, learned counsel for the petitioner, submits that the petitioner worked as
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a Home Guard of Assam Police and due to non-payment of regular minimum salary he left his job and started to cultivate his land in his locality. Mr. Ahmed further submits that the petitioner had a bitter relationship with the informant and as such, falsely alleged in the FIR that 25 bottles of illegally stored wine (IMFL) and insecticides were recovered out of his possession. Mr. Ahmed assures that the petitioner will co-operate in the investigation of the case if the privilege of pre-arrest bail is granted by this Court.
Mr. B. Sarma, learned Additional Public Prosecutor, Assam, submits that the case diary reveals incriminating material against the petitioner showing his involvement in the illegal business of selling of IMFL and suspected adulterated insecticides, which were seized out of his possession. Mr. Sarma also submits that in the backdrop of the facts and circumstances, the custodial interrogation of the petitioner may not be required in the interest of investigation subject of course to suitable conditions.
In view of the above facts and circumstances contended by the learned counsel for both the sides and scrutiny of the case diary, this Court finds that custodial interrogation of the petitioner in the interest of investigation may not be required.
Therefore, it is directed that in the event of arrest, the petitioner, namely, Khalilur Rahman shall be released on pre-arrest bail of Rs. 20,000/- with one suitable surety of the like amount to the satisfaction of the arresting authority, on the following condition:-
Return the case diary.
This disposes of the anticipatory bail application.
Comparing Assistant
1 issue framed by the court
Whether grant of anticipatory bail is warranted given the context of alleged IMFL smuggling and criminal conspiracy.
1 provisions across 1 enactments
Khalilur Rahman
The State of Assam
Ajit Borthakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
