Allowed

Nazrul Haque v. the State of Assam

Gauhati HC12 Aug 2022AB/1669/2022

Case brief

AI extract

What is this about?

Petitioner approached the Gauhati High Court under Section 438 CrPC for pre-arrest bail in a theft case. The Court observed that the nature of seized rice was unascertained and custodial interrogation was unnecessary. Bail was granted subject to cooperation.

What did the court decide?

The interim protection granted earlier was made absolute with conditions to cooperate with the investigation.

Nazrul Haque Vs the State of Assam — Anticipatory Bail | Gauhati HC (2022)

¶1

Page No.# 1/3

¶2

GAHC010117762022

¶3

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

¶4

Case No. : AB/1669/2022

¶5

NAZRUL HAQUE S/O LT. KHAIRO ALI VILL AND P.O. BAMUNBARI P.S. MUKALMUA DIST. NALBARI, ASSAM

¶6

VERSUS

¶7

THE STATE OF ASSAM REP. BY THE PP, ASSAM

¶8

Advocate for the Petitioner : MR. A T SARKAR

¶9

Advocate for the Respondent : PP, ASSAM

¶10

BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

¶11

ORDER

¶12

Date : 12-08-2022

¶13

Heard Mr. B. Islam, learned counsel for the petitioner and Mr. K.K. Das, learned Additional Public Prosecutor for the respondent State of Assam.

¶14

By this application under Section 438, Code of Criminal Procedure, 1973

¶15

Page No.# 2/3

¶16

[CrPC], the petitioner viz. Nazrul Haque has approached this Court seeking the benefit of pre-arrest bail, apprehending his arrest, in connection with Belsor Police Station Case no. 96/2022 registered for offences punishable under Section 379, Indian Penal Code.

¶17

In the First Information Report [FIR], lodged on 12.05.2022 by an Assistant Sub-Inspector of Police attached to Singimari Police Out Post, it has been alleged that during Naka checking, a D.I. vehicle bearing registration no. AS-25-EC-1367 [‘the subject-vehicle’, for short], loaded with 60 bags of rice, was intercepted and the driver of the subject-vehicle could not produce any valid document and he was arrested. It was suspected that the 60 bags of rice were stolen ones.

¶18

Mr. Islam, learned counsel for the petitioner has submitted that the subject-vehicle belongs to the wife of the petitioner and the bags of rice carried in the subject-vehicle are not stolen ones.

¶19

The learned Additional Public Prosecutor who has received the case diary, has submitted from the materials, collected during the course of investigation carried out so far, that it could not be ascertained till date as to whether the bags of rice carried in the subject-vehicle are PDS rice or stolen rice. The investigation is, however, still in progress.

¶20

The petitioner has already been granted interim protection by order dated 30.07.2022.

¶21

Having regard to the materials, collected during the course of investigation carried out so far, wherefrom the exact status of the seized bags of rice could not be ascertained, this Court is of the view that the custodial interrogation of the petitioner for the purpose of carrying out further

¶22

Page No.# 3/3

¶23

investigation of the case is not necessary and his release on pre-arrest bail, at the stage of investigation, is not likely to affect the further investigation of the case in any prejudicial manner, provided he continues to extend his assistance and co-operation in the further investigation of the case.

¶24

Accordingly, the interim protection granted to the petitioner by order dated 30.07.2022, is hereby made absolute, subject to the following conditions :-

¶25

The petitioner shall appear before the Investigating Officer of the case within a period of 10 [ten] days from today and shall cooperate with the investigation of the case;

¶26

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; and

¶27

The petitioner shall not hamper with the investigation or tamper with the evidence of the case.

¶28

The application stands disposed of in the aforesaid terms.

¶29

JUDGE

¶30

Comparing Assistant

Nazrul Haque v. the State of Assam

Case brief

What is this about?

What did the court decide?

Nazrul Haque v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Kiran Gogoi Vs the State of Assam

Madhupriya Dasgupta and Anr. Vs the State of Assam and Anr.

Lila Dhar and Anr. Vs the State of Assam

Morjina Bibi @ Mira Begum and 4 Ors. Vs the State of Assam

Aman Ali Mandal and Anr. Vs the State of Assam and Anr.

Sanjay Kumar Bajaj and Anr. Vs the State of Assam