The Gauhati High Court converted an interim anticipatory bail order absolute in favor of the applicant. The court made no discussion on the merits at this stage beyond the current order.
Interim anticipatory bail order dated 15.06.2022 made absolute subject to specific conditions preventing leave, evidence tampering, and inducement.
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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GAHC010098472022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1392/2022
ALAMIN AHMED LASKAR
S/O TUTU MIA LASKAR, VILL- NUTAN DAYAPUR, P.O. AND P.S.UDHARBOND, DIST- CACHAR, PIN-788009
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. S BORTHAKUR
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 09.09.2022
Heard Mr. J. Saikia, the learned counsel appearing on behalf of the Applicant and Mr. B. B. Gogoi, the learned Additional P.P. appearing on behalf of the Respondent.
This is an application under Section 438 of the Code of Criminal
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Procedure, 1973 filed by the Applicant namely Alamin Ahmed Laskar praying for pre-arrest bail apprehending arrest in connection with Udharbond P.S. Case No.81/2022 under Sections 149/353/333/427 of the IPC read with Section 4 of the Prevention of Damage to Public Property Act.
I have perused the FIR and the documents annexed therewith as well as the CD.
From a perusal of the case diary, it appears that there is no substantive allegation against the Applicant requiring custodial detention. Consequently, this Court therefore, makes the interim bail order dated 15.06.2022 absolute subject to the following conditions.
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If the accused repeats any of the incident as has been alleged in the FIR dated 04.05.2022, the Investigating Officer shall be at liberty to file appropriate application for cancellation of the Bail.
The AB stands disposed of.
Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether to grant anticipatory bail in apprehension of arrest in connection with an FIR under Sections 149, 353, 333, 427 of IPC and Section 4 of the Prevention of Damage to Public Property Act.
3 provisions across 3 enactments
Alamin Ahmed Laskar
The State of Assam Represented by the Public Prosecutor, Assam
Devashis Baruah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
