Allowed

Ali Akabbar Khan v. the State of Assam

Gauhati HC5 Dec 2022AB/3166/2022

Case brief

AI extract

What is this about?

The Gauhati High Court granted pre-arrest bail to the petitioner in a murder case on the basis that he was not named in the FIR and no eye-witnesses existed, making custodial interrogation unnecessary. Bail was granted subject to appearance and cooperation conditions.

What did the court decide?

Petitioner granted pre-arrest bail on furnishing a bail bond of Rs. 25,000 with two sureties of the like amount, subject to appearing before the Investigating Officer and cooperating with the investig

Ali Akabbar Khan Vs the State of Assam — Bail and Remand | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010218642022

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

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Case No. : AB/3166/2022

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ALI AKABBAR KHAN S/O ALTAP HUSSAIN, VILL.- KHOPATI PART- II, P.O.- HAZIRHAT, P.S.- SUKCHAR, DIST.- SOUTH SALMARA MANKACHAR, ASSAM.

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VERSUS THE STATE OF ASSAM REP. BY THE P.P., ASSAM.

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Advocate for the Petitioner : MR. N J DUTTA

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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05.12.2022

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Heard Mr. N.J. Dutta, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor for the respondent State of Assam.

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Page No.# 2/3

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By this application under Section 438, Code of Criminal Procedure, 1973 [CrPC], the petitioner viz. Ali Akabbar Khan has approached this Court seeking the benefit of pre-arrest bail, apprehending his arrest, in connection with Sukchar Police Station Case no. 35/2018, registered under Section 302, Indian Penal Code [IPC].

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In the First Information Report [FIR] lodged on 30.03.2018, the informant has stated that some unknown miscreants waylaid his younger brother, Jinnat Ali at around 08-00 p.m., on 29.03.2018 when Zinnat Ali was on his way back to his home from his poultry shop at Khopati Bazar by bicycle. The injured, Zinnat Ali was found unconscious lying on the ground with injuries on various parts of his body. The injured was immediately taken to nearby health facility at Hatsingimari Civil Hospital for treatment where he breathed his last.

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The materials in the case diary, collected during the course of investigation carried out so far, go to indicate that there was a dispute between the deceased and the petitioner over borrowing of money from the petitioner’s family by the deceased persons’ family and demand to repay such borrowed money from the end of the petitioner on one hand. There was also another dispute between the family of the deceased with one Malek Sheikh and his son, Jiarul Islam with whom there also occurred a fight on the previous date of the alleged occurrence of assault, mentioned in the FIR. There are no eye-witness to the alleged incident where deceased received the injuries. The statements of the wife of the deceased have been recorded on more than one occasion and those statements, recorded at different points of time, are found at some variance with one another.

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Having regard to the fact that the petitioner has not been named in the FIR and there is no eye witness found during the course of investigation carried out so far since 30.03.2018, this Court is of the considered view that custodial interrogation of the petitioner is not necessary for the purpose of carrying out further investigation of the case and his release on pre-arrest bail, at this stage of investigation, is unlikely to bring any adverse effect in the further investigation of the case, provided he extends his assistance and co-operation in the further investigation of the case.

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Accordingly, it is provided that in the event of arrest of the petitioner viz. Ali Akabbar Khan in connection with Sukchar Police Station Case no. 35/2018, he shall be released on bail on furnishing a bail bond of Rs. 25,000/- with 2 [two] suitable sureties of the like amount, to the satisfaction of the arresting authority subject to the conditions that :

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[i] the petitioner shall appear before the Investigating Officer [I.O.] of the case within 7 [seven] days from today and shall thereafter, shall appear before the I.O. of the case once in every 2 [two] weeks for the next 8 [eight] weeks;

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[ii] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer;

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[iii] the petitioner shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police;

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[iv] the petitioner shall maintain law and order and he shall not commit an offence similar to the offence of which he is accused, or of the commission of which he is suspected; and

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[v] the petitioner shall regularly remain present during the trial and cooperate the Court to complete the trial for the above offences, if charge sheeted in the case.

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The application stands disposed of in the aforesaid terms.

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JUDGE

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Comparing Assistant

Ali Akabbar Khan v. the State of Assam

Case brief

What is this about?

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Ali Akabbar Khan v. the State of Assam

Case brief

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