The Gauhati High Court considered a pre-arrest bail application under Section 438 Cr.P.C. The court made the interim bail granted earlier absolute, subject to conditions of cooperating in investigation and not influencing witnesses.
Interim pre-arrest bail granted vide order dated 21.07.2022 was made absolute subject to conditions.
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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GAHC010139742022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1990/2022
FAJLUL HOQUE S/O LT. AWAL KASEM VILL- BAGHODOGRACHAR P.S. TAMARHAT DIST. DHUBRI, ASSAM PIN-783332
VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR D KALITA
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
17.08.2022
Heard Mr. D. Kalita, learned counsel for the petitioner. Also heard Ms. S.H. Bora, learned Addl. Public Prosecutor, Assam appearing for the State respondent.
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By this petition under Section 438 Cr.P.C., the petitioner, namely, Fajlul Hoque has prayed for granting pre-arrest bail, apprehending arrest in connection with Tamarhat P.S. Case No. 31/2022 under Sections 379/34 of the IPC read with Section 13(1) of the Assam Cattle Preservation Act, 2021 corresponding to G.R. Case No. 1082/2022 .
The Case diary, as called for, is placed before the Court.
It may be mentioned that by order, dated 21.07.2022, this Court granted the privilege of interim pre-arrest bail to the petitioner subject to conditions.
Ms. S.H. Bora, 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. as per the interim pre arrest bail granted earlier.
In the backdrop of facts and evidence available on the case diary this Court is of the opinion that custodial interrogation of the petitioner in the interest of the ongoing investigation may not be required.
Accordingly, the interim pre-arrest bail granted vide order, dated 21.07.2022 is hereby made absolute, subject to the following conditions-
(i) That the petitioner shall co-operate in investigation as and when required; and
(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.
Return the case diary.
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This disposes of the anticipatory bail application.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether to convert the interim pre-arrest bail into absolute bail in Sessions Case No. 31/2022.
3 provisions across 3 enactments
Fajlul Hoque
State of Assam
Ajit Borthakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
