Application for anticipatory bail under Section 438 CrPC was filed to apprehend arrest in an FIR for sections 447/294/384/34 IPC. Court disposed of application by making interim order absolute for Petitioner 1 after noting cooperation.
Interim order dated 10.06.2022 made absolute in respect of Petitioner No. 1, Md. Saddam Hussain.
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GAHC010112752022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1585/2022
MD. SADDAM HUSSAIN AND ANR S/O RAJAB ALI VILL- KOTALPUR, P.S. HOJAI, ASSAM, PIN- 782435
2: MD. INAM UDDIN S/O LATE YUSUF ALI VILL- KOTALPUR P.S. HOJAI ASSAM PIN- 78243
VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. N H MAZARBHUIYAN
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MR. JUSTICE ROBIN PHUKAN ORDER
02.09.2022
Heard Ms L Wajeeda, learned counsel for the accused/applicants. Also
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heard Mr P Borthakur, learned Additional Public Prosecutor for the State respondents.
Apprehending arrest in connection with Hojai PS Case No. 144/2022, under Sections 447/294/384/34 of the Indian Penal Code, 1860, this application under Section 438 of the Code of Criminal Procedure, is preferred by the applicants, namely, 1) Md Saddam Hussain and 2) Md Inam Uddin, for grant of pre-arrest bail.
The said case has been registered on the basis of one FIR lodged by one Akbar Ali, on 02.04.2022, to the effect that on 01.04.2022, at about 04:00 pm, Md Rajab Ali, Md Inam Uddin and Md Saddam Hussain entered into his residence and demanded an amount of Rs. 5 lacs from him and that they also threatened him to kidnap his family members, in the event of failing to meet their demands.
Ms L Wajeeda submitted that though initially, she has preferred the bail application for Md Saddam Hussain and Md Inam Uddin, on 22.07.2022, she has withdrawn the vakalatnama in respect of the petitioner No. 2, Md Inam Uddin and now, she is proceeding with the bail application only in respect of Saddam Hussain, the petitioner No. 1. She also submits that the accused/applicant, Saddam Hussain has appeared before the Investigating Officer and is also cooperating with the Investigating Agency, pursuant to the interim order passed by this Court on 10.06.2022 and therefore, it is contended to make the interim order dated 10.06.2022, absolute, in the same terms and conditions, in respect of Md Saddam Hussain, petitioner No. 1.
On the other hand, producing the Case Diary before this Court, Mr P
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Borthakur, learned Additional Public Prosecutor has submitted that though the Investigating Officer has collected some materials against the accused applicant, in support of the allegations made in the FIR, yet the IO has achieved substantial progress in the investigation.
Having heard the submissions of the learned counsels of both sides, and having carefully perused the documents placed on record and also the case diary with the assistance of Mr Borthakur, learned Additional Public Prosecutor and also having regards to the nature of accusation and considering the fact that the accused/applicant has appeared before the IO and is also cooperating with the investigating agency, and that the I.O. has also achieved substantial progress in the investigation, his custodial interrogation appears to be unwarranted in the interest of investigation. Accordingly, this court is inclined to make the interim order dated 10.06.2022, absolute in the same terms and conditions.
In terms of above, the anticipatory bail application stands disposed of.
Return the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the applicant is entitled to pre-arrest bail given cooperation with investigation.
Whether interim anticipatory bail order should be made absolute.
2 provisions across 2 enactments
Md. Saddam Hussain
Md. Inam Uddin
State of Assam
Robin Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
