Disposed

Ainuddin Kandahar @ Inuddin Khandakar v. the State of Assam

Gauhati HC7 Nov 2022AB/2547/2022

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of an anticipatory bail application filed by an accused facing arrest under sections 448, 354, and 34 of the IPC. Despite the Public Prosecutor indicating substantial investigation progress, the Court deemed custodial interrogation necessary and made the interim order absolute pending further inquiry.

What did the court decide?

The interim anticipatory bail order dated 09.09.2022 is made absolute in the same terms and conditions.

Ainuddin Kandahar @ Inuddin Khandakar Vs the State of Assam — Anticipatory Bail | Gauhati HC (2022)

¶1

Page No.# 1/3

¶2

GAHC010174842022

¶3

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

¶4

Case No. : AB/2547/2022

¶5

AINUDDIN KANDAHAR @ INUDDIN KHANDAKAR S/O- MD. HANIF KHANDAKAR, R/O- VILL- KHUTABAGRA, PART-I, P.O. ALOMGANJ, P.S. KAZIGAON, DIST.- KOKRAJHAR, ASSAM, M.NO. 7002778142, EMAIL- NIL

¶6

VERSUS

¶7

THE STATE OF ASSAM TO BE REP. BY P.P., ASSAM

¶8

Advocate for the Petitioner : MR. A K AHMED

¶9

Advocate for the Respondent : PP, ASSAM

¶10

BEFORE HON’BLE MR. JUSTICE ROBIN PHUKAN

¶11

O R D E R

¶12

07.11.2022.

¶13

Heard Mr. AK Ahmed, learned counsel for the petitioner. Also heard Mr. RJ Baruah, learned Additional Public Prosecutor, Assam appearing for the State

¶14

Page No.# 2/3

¶15

respondent.

¶16

Apprehending arrest in connection with the Kazigaon P.S. Case No.47/2022, under Sections 448/354/34 of the IPC, this application under Section 438 of the Code of Criminal Procedure, 1973, is preferred by accused/applicant, namely, Ainuddin Kandahar @ Inuddin Khandakar, for grant of pre-arrest bail.

¶17

It is to be mentioned here that the above noted has been registered on the basis of an F.I.R., lodged by one Rahima Bibi on 17.07.2022, to the effect that on 21.06.2022, at about 2:00 P.M., accused Ainuddin Khandakar along with another, tried to pull her daughter Smti ‘X’ (name withheld), aged about 15 years while she was staying in her grocery shop by holding of her hand with bad intention.

¶18

Mr. Ahmed, learned counsel for the applicant submits that pursuant to the order of this Court passed on 09.09.2022, the applicant appeared before the I.O. and his statement has been recorded and he is cooperating with the investigating agency and therefore, it is contended to make the interim order dated 18.05.2022 absolute, in the same terms and conditions.

¶19

On the other hand, Mr. Baruah, learned Additional Public Prosecutor, Assam submits that the I.O. has achieved substantial progress in the investigation and recorded statement of four witnesses.

¶20

Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the Case Diary produced before this Court with the assistance of Mr. Baruah, learned Additional Public Prosecutor.

¶21

In view of the materials collected so far in the Case Diary and also considering the nature of accusation and the punishment prescribed for the same and also

¶22

Page No.# 3/3

¶23

considering the submission of learned Advocates of both sides, this Court is of the opinion that the custodial interrogation of the accused/applicants is necessary in the interest of investigation. The accused/applicant has also appeared before the I.O. to record his statement.

¶24

Accordingly, this Court is inclined to make the interim order, dated 09.09.2022, absolute in the same terms and conditions.

¶25

In terms of above, this anticipatory bail application stands disposed of.

¶26

The Case Diary be sent back.

¶27

JUDGE

¶28

Comparing Assistant

Ainuddin Kandahar @ Inuddin Khandakar v. the State of Assam

Case brief

What is this about?

What did the court decide?

Ainuddin Kandahar @ Inuddin Khandakar 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

Imran Ahmed Laskar Vs Purabi Dutta and Anr.

Debesh Basumatary and 6 Ors. Vs the State of Assam and Anr.

Afser Khan and Anr. Vs the State of Assam

Samir Khan Vs the State of Assam

Md. Ishlaoddun @ Md. Ishlauddin and Anr. Vs the State of Assam

Rabiyal Ali Vs the State of Assam