Allowed

Md. Habibur Rahman v. the State of Assam

Gauhati HC11 Aug 2021AB/633/2021

Case brief

AI extract

What is this about?

In an anticipatory bail petition filed under Section 438 Cr.P.C., the petitioner sought protection against arrest in connection with an IPC 366 case. The court converted interim bail granted earlier into absolute bail after finding custodial interrogation unnecessary, imposing cooperation conditions.

What did the court decide?

Interim pre-arrest bail granted by order dated 01.03.2021 made absolute subject to conditions of cooperation and no inducement.

Md. Habibur Rahman Vs the State of Assam — Anticipatory Bail | Gauhati HC (2021)

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Page No.# 1/2

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GAHC010037182021

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

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Case No. : AB/633/2021

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MD. HABIBUR RAHMAN

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S/O AJI RAHMAN, R/O NIZ BISWANATH, NAUBAZAR GAON, BISWANATH CHARIALI, DIST-BISWANATH CHARIALI, ASSAM

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VERSUS

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THE STATE OF ASSAM

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REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : MR. B CHAKRABORTY

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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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Date : 11.08.2021

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Heard Mrs. P. Hazarika, learned counsel for the petitioner. Also heard Mr. B. B. Gogoi, learned Addl. Public Prosecutor for the State/respondent.

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By this petition filed under Section 438 Cr.P.C., the petitioner, namely, Md. Habibur Rahman , has prayed for granting pre-arrest bail, apprehending his arrest in connection with Biswanath Chariali P.S. Case No. 03/2021 under Section 366 of the IPC.

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Page No.# 2/2

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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 01.03.2021, this Court granted the privilege of interim pre-arrest bail to the petitioner subject to conditions.

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Mr. B. B. Gogoi, 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 be necessary in the interest of the ongoing investigation into the case.

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Accordingly, the interim pre-arrest bail granted vide order, dated 01.03.2021 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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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

Md. Habibur Rahman v. the State of Assam

Case brief

What is this about?

What did the court decide?

Md. Habibur Rahman v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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