The Gauhati High Court granted pre-arrest bail to petitioners Janesiddique Ahmed and another apprehending arrest in connection with a case registered under Section 436 IPC.
Petitioners granted pre-arrest bail on furnishing a bond of Rs.15,000 each with sureties, subject to conditions to cooperate in investigation.
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GAHC010056122019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 771/2019
1:JANESIDDIQUE AHMED @ MUNMUN AND ANR. S/O LATE AB. LATIF AHMED, R/O VILL- ANANDA NAGAR, P.O. AND P.S.BILASIPARA, DIST-DHUBRI, ASSAM, PIN-783348
2: ZAIDUL ISLAM @ ZAIDUL S/O LATE NURUL ISLAM R/O VILL- ANANDA NAGAR P.O. AND P.S.-BILASIPARA DIST-DHUBRI ASSAM PIN-78334
VERSUS
1:THE STATE OF ASSAM TO BE REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. M A I HUSSAIN
Advocate for the Respondent : PP, ASSAM
BEFORE HON’BLE MR. JUSTICE HITESH KUMAR SARMA
:: O R D E R ::
14-03-2019
This is an application, made under Section 438 Cr.P.C ., seeking pre-arrest bail by the petitioners, namely, 1. Janesiddique Ahmed @ Munmun and 2. Zaidul Islam @ Zaidul, apprehending arrest in connection with Bilasipara Police Station Case No. 09/2019 , (corresponding to GR Case No. 10/2019), registered under Section 436 of the IPC . I have perused the petition including the copy of the FIR.
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The case diary produced, has been perused
Heard Mr. HRA Choudhury, learned senior counsel for the petitioners as well as Ms. SH Bora, learned Additional Public Prosecutor, appearing for the State of Assam.
On perusal of the materials in the case diary as a whole, this Court is of the view that custodial interrogation of the petitioners is not necessary for the purpose of investigation of the case. That being so, the petitioners are granted the privilege of pre-arrest bail.
Accordingly, it is provided that in the event of arrest of the petitioners above named, in connection with the case aforementioned, they shall be released on furnishing bail bond of Rs.15,000/- each , with a suitable surety each of the like amount, to the satisfaction of arresting authority.
The direction for pre-arrest bail is subject to the conditions that the petitioners:
(a) shall appear before the Investigating of concerned Police Station, within seven days from today and shall co-operate with the investigation;
(b) shall not hamper with the investigation, or tamper with the evidence of the case;
(c) 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. The anticipatory bail application stands disposed of accordingly.
Return the case diary.
Comparing Assistant
JUDGE
1 issue framed by the court
Whether pre-arrest bail should be granted to the petitioners apprehending arrest under Section 436 IPC.
2 provisions across 2 enactments
Janesiddique Ahmed @ Munmun and Anr.
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
