The Gauhati High Court disposed of an application for pre-arrest bail under Section 438 CrPC. Thesingle judge examined the case diary and concluded there was no material justifying custodial interrogation, leading to the grant of absolute bail.
interim protection from 22-02-2021 is made absolute on the same terms and conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010029442021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/521/2021
ASHIK UDDIN LASKAR
S/O AJIR UDDIN LASKAR, VILL-CHIPORSANGAN PT.I, P.S.-ALGAPUR, DISTHAILAKANDI, ASSAM
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR F U BARBHUIYA
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
22-03-2021
This is an application made under Section 438 Cr.P.C ., seeking pre-arrest bail by the petitioner, namely, Ashik Uddin Laskar, in connection with Hailakandi Police Station Case No.780/2020, registered under Sections 120(B)/419/420/464/466/468/471/ 473/474 of the Indian Penal Code, read with Sections 3 and 5 of the Emblems and Names (Prevention of Improper Use) Act, 1950 .
Heard Mr. F.U. Barbhuiya, learned counsel for the petitioner and Mr. H. Sarma, learned Additional Public Prosecutor, Assam appearing for the State. The case diary produced, has been perused.
It does not appear from the case diary that there is any material justifying the custodial interrogation of the petitioner. On the other hand, the petitioner has appeared before the
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Investigating Police Officer after he was granted interim protection vide order, dated 22-022021.
Mr. Sarma, learned Additional Public Prosecutor has fairly submitted that on scrutiny of the case diary, no material is found against the petitioner justifying his custodial interrogation. In view of above, the interim protection granted to the petitioner vide order, dated 22-022021 is made absolute by this order on the same terms and conditions.
The anticipatory bail application stands disposed of.
Return the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the interim anticipatory bail granted to the petitioner should be made absolute given the absence of material justifying custodial interrogation.
Whether the petitioner satisfies the conditions for pre-arrest bail in a case involving multiple IPC offences including dishonest induction.
3 provisions across 3 enactments
Ashik Uddin Laskar
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
