Allowed

Altab Hussain @ Altaf Hussain and 2 Ors. v. the State of Assam

Gauhati HC17 Nov 2021AB/3073/2021

Case brief

AI extract

What is this about?

Single-judge court considered an application for pre-arrest bail under Section 438 CrPC for three accused in a case involving theft and cheating. Finding no need for custodial interrogation based on case diary review, the court held the petitioners were not found to misuse liberty and granted absolute bail on same terms.

What did the court decide?

Interim pre-arrest bail granted vide order dated 27.10.2021 made absolute on same terms and conditions.

Altab Hussain @ Altaf Hussain and 2 Ors. Vs the State of… — Anticipatory Bail | Gauhati HC (2021)

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Page No.# 1/2

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GAHC010162212021

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

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Case No. : AB/3073/2021

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ALTAB HUSSAIN @ ALTAF HUSSAIN AND 2 ORS S/O- ABDUL BAREK, VILL.- MARICHA KANDI, P.S. KACHUMARA, DIST. BARPETA, ASSAM

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2: ABDUL HAI S/O- SORHAB ALI VILL.- LAKHIPUR P.S. KACHUMARA DIST. BARPETA ASSAM

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3: ABDUL MAZID S/O- SAMEJ UDDIN VILL.- MARICHAKANDI P.S. KACHUMARA DIST. BARPETA ASSA

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VERSUS

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THE STATE OF ASSAM REP. BY THE PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : MR. R ALI

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Advocate for the Respondent : PP, ASSAM

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Page No.# 2/2

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BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

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ORDER

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Date : 17-11-2021

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Heard Mr. R Ali, learned counsel for the petitioners. Also heard Mr. BB Gogoi, learned Additional Public Prosecutor, appearing for the State respondent.

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This is an application, filed under Section 438 of the Cr.PC. seeking prearrest bail of the accused-petitioners, namely, 1. Altab Hussain @ Altaf Hussain, 2. Abdul Hai and 3. Abdul Mazid, in connection with Barpeta PS Case No.2106/2021 (GR Case No. 4909/2021) registered under Sections 379/411 of the IPC read with Section 7 of the E.C. Act.

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Perused the case diary produced before this Court.

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On perusal of the materials in the case diary, it does not appear to this Court that there is any such material against the petitioners requiring their custodial interrogation. On the other hand, the petitioners have appeared before the Investigating Police Officer after they were granted interim protection and are not found to have misused the liberty granted to them while availing interim protection. That being so, the petitioners are granted the privilege of pre-arrest bail.

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Accordingly, the interim pre-arrest bail granted to the petitioners vide order, dated 27.10.2021 is made absolute on the same terms and conditions.

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Return the case diary. The petition stands disposed of accordingly.

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JUDGE

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Comparing Assistant

Altab Hussain @ Altaf Hussain and 2 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Altab Hussain @ Altaf Hussain and 2 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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