Allowed

Gulap Hussain @ Gulab Hussain and 5 Ors. v. the State of Assam

Gauhati HC1 Mar 2019I.A.(Crl.)/171/2019

Case brief

AI extract

What is this about?

HC relaxed a bail condition requiring petitioners to appear before the Investigating Officer due to life-threatening tensions. The court refused to stall the investigation, instead directing the State Superintendent of Police to provide security to ensure their appearance within an extended timeframe.

What did the court decide?

Security to be provided by the concerned S.P. to enable appearance; time to appear before I.O. extended by 10 days.

Gulap Hussain @ Gulab Hussain and 5 Ors. Vs the State of… — Anticipatory Bail | Gauhati HC (2019)

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GAHC010045942019

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

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Case No. : I.A.(Crl.) 171/2019

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1:GULAP HUSSAIN @ GULAB HUSSAIN AND 5 ORS. S/O ABDUL HAQUE, R/O VILL. BISNUPALLY OF NAM DABA KAPATHAI, P.S. DABOKA, DIST. HOJAI, ASSAM, PIN 782435

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2: ANWAR HUSSAIN S/O ABDUL HAQUE R/O VILL. BISHNUPALLY OF NAM DABA KAPATHAI P.S. DABOKA DIST. HOJAI ASSAM PIN 782435

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3: JAKIR HUSSAIN S/O ABDUL HAQUE R/O VILL. BISHNUPALLY OF NAM DABA KAPATHAI P.S. DOBOKA DIST. HOJAI ASSAM PIN 782435

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4: AHMED HUSSAIN S/O ABDUL HAQUE R/O VILL. BISHNUPALLY OF NAM DABA KAPATHAI P.S. DABOKA DIST. HOJAI ASSAM PIN 782435

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5: DILWAR HUSSAIN S/O ABDUL HAQUE R/O VILL. BISHNUPALLY OF NAM DABA KAPATHAI P.S. DABOKA DIST. HOJAI ASSAM PIN 782435

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6: ABID HUSSAIN @ ABID AHMED

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S/O ABDUL HAQUE R/O VILL. BISHNUPALLY OF NAM DAB KAPATHAI P.S. DABOKA DIST .HOJAI ASSAM PIN 78243

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VERSUS 1:THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : MR. P K R CHOUDHURY

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Advocate for the Respondent : PP, ASSAM

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Linked Case : AB 486/2019

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1:GULAP HUSSAIN @ GULAB HUSSAIN AND 5 ORS. S/O ABDUL HAQUE R/O VILL- BISHNUPALLY OF NAM DABA KAPATHAR P.S. DABOKA DIST. HOJAI ASSAM PIN - 782435 2: ANWAR HUSSAIN S/O ABDUL HAQUE R/O VILL- BISHNUPALLY OF NAM DABA KAPATHAR P.S. DABOKA DIST. HOJAI ASSAM PIN - 782435

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3: JAKIR HUSSAIN S/O ABDUL HAQUE R/O VILL- BISHNUPALLY OF NAM DABA KAPATHAR P.S. DABOKA DIST. HOJAI ASSAM PIN - 782435

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4: AHMED HUSSAIN S/O ABDUL HAQUE R/O VILL- BISHNUPALLY OF NAM DABA KAPATHAR P.S. DABOKA DIST. HOJAI ASSAM PIN - 782435

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5: DILWAR HUSSAIN

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S/O ABDUL HAQUE R/O VILL- BISHNUPALLY OF NAM DABA KAPATHAR P.S. DABOKA DIST. HOJAI ASSAM PIN - 782435

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6: ABID HUSSAIN @ ABID AHMED S/O ABDUL HAQUE R/O VILL- BISHNUPALLY OF NAM DABA KAPATHAR P.S. DABOKA DIST. HOJAI ASSAM PIN – 782435 VERSUS

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

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Advocate for the Petitioner : MR. P K ROYCHOUDHURY Advocate for the Respondent : PP ASSAM

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BEFORE

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HONOURABLE MR. JUSTICE MIR ALFAZ ALI

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ORDER

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Date : 01-03-2019

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Heard Mr. P.K. Roy Choudhury, learned counsel for the petitioners.

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This interlocutory application has been filed seeking for relaxation of the condition No. 1 in the interim bail order dated 21.02.2019 passed by this court in AB No. 486/2019.

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The petitioners approached this court by filing an application under Section 438 CrPC praying for pre-arrest bail apprehending arrest in connection with Harangajao P.S. Case No. 01/2019 under Section 366/34 IPC. At the motion stage, this court by order dated 21.02.2019 granted interim pre-arrest bail with the conditions, interalia, that the petitioners shall appear before the Investigating Officer within 10 days and co-operate with the investigation.

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Mr. Choudhury, learned counsel for the petitioner submits that the marriage having taken place inter-religion, the situation at Dima Hasao is very tense and apprehending danger to his life, the petitioner has not been able to appear before the

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Investigating Officer in obedience to the condition No. 1 of the order dated 21.02.2019 and as such, it is prayed that the said condition be relaxed/dispensed with.

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Since the matter is at the stage of investigation and interim bail was granted under the impression, that ultimate prayer for bail shall be considered on perusal of the case diary and the materials to be collected during investigation. In order to facilitate the petitioner to appear before the Investigating Officer without being arrested, and for advancement of the investigation, the petitioners were directed to appear before the Investigating Officer. Since the case is under investigation, there is no question of relaxing the above condition of appearance, inasmuch as, in that case investigation will be stalled. In that view of the matter, since the petitioners apprehend danger to their life, it is directed that the concerned S.P., shall provide security to the petitioners, so as to enable them to appear before the Investigating Officer as per direction of this Court.

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The time for appearance before the Investigating Officer is extended for further 10 days from today.

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I.A. stands disposed of accordingly.

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JUDGE

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Comparing Assistant

Gulap Hussain @ Gulab Hussain and 5 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Gulap Hussain @ Gulab Hussain and 5 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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