Allowed

Sahidul Islam v. the State of Assam

Gauhati HC9 Aug 2021AB/1261/2021

Case brief

AI extract

What is this about?

The Guwahati High Court, by an order dated 09.08.2021, disposed of an application for anticipatory bail under Section 438 Cr.P.C. Finding that custodial interrogation was not necessary, the Court converted the interim pre-arrest bail granted on 12.07.2021 into full bail on specific conditions.

What did the court decide?

Interim pre-arrest bail granted on 12.07.2021 was made absolute subject to cooperation in investigation and non-inducement of any person acquainted with the facts.

Sahidul Islam Vs the State of Assam — Anticipatory Bail | Gauhati HC (2021)

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Page No.# 1/3

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GAHC010075142021

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

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Case No. : AB/1261/2021

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SAHIDUL ISLAM

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S/O- SHARAB ALI ISLAM, PERMANENT R/O- CHHOTO LAUKUTI, BANUKUMARI, P.S. BAKSIRHAT, DIST.- COOCHBEHAR, WEST BENGAL PRESENT R/O- VILL- BISHKHOWA PART-III, P.S. GOLAKGANJ, DIST.DHUBRI, ASSAM

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VERSUS

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THE STATE OF ASSAM REP. BY P.P., ASSAM

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Advocate for the Petitioner : MR. A A R KARIM

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR

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ORDER

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09.08.2021

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Hearing held through remote video conference.

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Heard Mr. A.A.R. Karim, learned counsel for the petitioner. Also heard

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Page No.# 2/3

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Mr. K.K. Parashar, learned Addl. Public Prosecutor, Assam appearing for the State respondent.

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This petition under Section 438 Cr.P.C., is filed for granting the privilege of pre-arrest bail to the petitioner, namely Sahidul Islam , apprehending arrest in connection with Agomani P.S. Case No. 343/2020(corresponding to G.R. case No. 4301/2020) registered under Sections 341/325/392/34 of the IPC.

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

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It may be mentioned that by order, dated 12.07.2021, this Court granted the privilege of interim pre-arrest bail to the petitioner subject to conditions.

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Mr. K.K. Parashar, learned Addl. Public Prosecutor, submits that the case diary shows that the petitioner appeared before the investigating officer and got his statement recorded under Section 161 Cr.P.C. in terms of the interim pre-arrest bail granted earlier. This Court finds that custodial interrogation of the petitioner may not benecessary in the interest of the ongoing investigation into the case.

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Accordingly, the interim pre-arrest bail granted vide order, dated 12.07.2021 is hereby made absolute, subject to the following conditions-

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(i) That the petitioner shall co-operate in investigation as and when required; and

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(ii) That the petitioner 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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Page No.# 3/3

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Return the case diary.

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This disposes off the anticipatory bail application.

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JUDGE

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Comparing Assistant

Sahidul Islam v. the State of Assam

Case brief

What is this about?

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Sahidul Islam v. the State of Assam

Case brief

What is this about?

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