Allowed

Raifuddin Ahmed v. the State of Assam

Gauhati HC12 Aug 2022AB/1069/2022

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of an anticipatory bail application under Section 438 Cr.P.C. granting pre-arrest bail to the petitioner, noting multiple FIRs on similar allegations and a filed charge-sheet rendered custodial interrogation unnecessary, thereby making an interim bail order absolute.

What did the court decide?

Interim pre-arrest bail granted by order dated 21.04.2022 confirmed and made absolute; applicant directed to appear before I.O. within 10 days.

Raifuddin Ahmed Vs the State of Assam — Anticipatory Bail | Gauhati HC (2022)

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GAHC010065832022

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

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Case No. : AB/1069/2022

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RAIFUDDIN AHMED S/O LATE MAHAR ALI R/O KOWARPUR P.S. HAJO DIST. KAMRUP (R) ASSAM

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VERSUS

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THE STATE OF ASSAM TO BE REP. BY THE LEARNED PP ASSAM

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-----------Advocate for : MR. S M MOLLAH Advocate for : PP ASSAM appearing for THE STATE OF ASSAM

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BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA

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ORDER

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Date : 12.08.2022

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Heard Mr. S. Mollah, learned counsel for the petitioner and Mr. M.P. Goswami, learned APP appearing for the State.

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By this application under Section 438 Cr.P.C., the petitioner, namely,

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Raifuddin Ahmed, has prayed for granting pre-arrest bail, apprehending arrest in connection with Hajo PS Case No. 315/2022 under Sections 120(B)/493 IPC.

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The learned APP has produced the case diary and has opposed the prayer for bail.

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On a perusal of the materials annexed to this application, it is seen that the informant in Hajo PS Case No. 220/2022 has lodged instant F.I.R. on 17.02.2022. It also appears that on similar set of allegations, the same informant has earlier filed an F.I.R. on 04.02.2022, which was registered as Hajo PS Case No. 166/2022 under Section 294/509/354(A)/354(D) IPC and subsequently, had lodged this present F.I.R. on 09.03.2022, which was registered as Hajo PS Case No. 315/2022 under Section 120(B)/493 IPC. In this regard, the learned APP has submitted that in the said Hajo PS Case No. 315/2022, charge-sheet has been submitted against the petitioner.

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As three F.I.Rs have been lodged by the informant on similar set of allegations and considering that charge-sheet has been submitted against the petitioner in Hajo PS Case No. 315/2022, the Court is of the considered opinion that custodial interrogation of the petitioner is not required in this case. Hence, the interim pre-arrest bail granted to the petitioner named above by order dated 21.04.2022 is made absolute on the same terms.

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Apart from other previous conditions, the petitioner is directed to appear before the I.O. of the case within a period of 10(ten) days from today.

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This anticipatory bail application stands disposed of.

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Return the case diary.

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JUDGE Comparing Assistant

Raifuddin Ahmed v. the State of Assam

Case brief

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Raifuddin Ahmed v. the State of Assam

Case brief

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