This order deals with a petition for anticipatory bail under section 438 CrPC involving allegations of cruelty under section 498A IPC. The court made the interim order absolute and returned the case diary.
Interim order dated 05.09.2022 made absolute; case disposed of.
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GAHC010174962022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2548/2022
ALAL UDDIN SO NUR ZAMAL @ NURJAMAL SHEIKH PERMANENT R/O VILL- MAHTOLI, P.S. BOKO DIST. KAMRUP, ASSAM PIN- 781136
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR Z HUSSAIN
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
Date : 15.11.2022
Heard Mr. Z. Hussain, learned counsel for the petitioner Mr. Alal Uddin and the learned Additional PP for the State of Assam.
The petitioner has preferred this petition under section 438 CrPC with prayer for anticipatory bail in connection with Boko P. S. Case No.
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212/2022 under section 498(A) of the IPC.
The allegation against the petitioner is that he had subjected his wife cruelty and had assaulted her and this impelled the informant to take shelter in her parental home.
I have perused the case diary.
I have considered the submissions at the Bar. There are cogent materials against the petitioner.
However the petitioner is co-operating with the investigation and he has not violated bail conditions imposed upon him vide order dated 05.09.2022. Investigation has also progressed considerably.
It appears that if bail is granted to the petitioner, investigation may not be affected adversely. I have also considered the gravity of the offence. Custodial interrogation does not appear to be necessary.
The interim order dated 05.09.2022 is hereby made absolute. The petitioner will be abide by conditions imposed upon him vide order of this Court dated 05.09.2022.
This anticipatory applicant stands disposed.
The case diary is returned.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether anticipatory bail should be made absolute under section 438 CrPC.
ALAL UDDIN SO NUR ZAMAL
THE STATE OF ASSAM
SUSMITA PHUKAN KHAUND
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
