Disposed

Md. Arjuman Ali @ Babu Ali v. the State of Assam

Gauhati HC13 Sept 2022AB/395/2022

Case brief

AI extract

What is this about?

Petitioner sought pre-arrest bail under Section 438 Cr.P.C. regarding a cheating and forgery case. The court noted an existing interim bail order and lack of adverse IO report. The interim bail was made absolute subject to cooperation and non-interference conditions.

What did the court decide?

Interim pre-arrest bail granted on 14.02.2022 was made absolute subject to conditions of cooperation and non-interference.

Md. Arjuman Ali @ Babu Ali Vs the State of Assam — Cheating and Forgery | Gauhati HC (2022)

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Page No.# 1/2

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GAHC010136652021

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THE GAUHATI HIGH COURT

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

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Case No. : AB/395/2022

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MD. ARJUMAN ALI @ BABU ALI S/O MD. JAMSED ALI R/O VILL- CHAMATAPATHAR P.O. SONAPUR, P.S. SONAPUR, DIST. KAMRUP (M), ASSAM PH. NO.94353-49352/7002282767

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VERSUS

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THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. Y SIKDAR

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR

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ORDER

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Date : 13.09.2022

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Heard Mr. Y. Sikdar, learned counsel for the petitioner. Also heard Mr. B. B. Gogoi, learned Addl. Public Prosecutor, Assam appearing for the State respondent.

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This petition under Section 438 Cr.P.C., is filed for granting the privilege of prearrest bail to the petitioner, namely, Md. Arjuman Ali @ Babu Ali , apprehending arrest in connection with Basistha P.S. Case No. 956/2021 registered u/s 420 of the IPC r/w Section 7 of the E.C. Act and 23 of the Petroleum Act.

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Page No.# 2/2

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The Case diary, as called for, is placed before the Court.

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It may be mentioned that by order, dated 14.02.2022, this Court granted the privilege of interim pre-arrest bail to the petitioner.

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Mr. Gogoi, 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.

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On perusal of the case diary, it is seen that there is no adverse report against the petitioner from the I.O., and, as such, this Court is of the view that custodial interrogation of the petitioner may not be necessary in the interest of the ongoing investigation into the case.

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Therefore, the interim pre-arrest bail granted vide order, dated 14.02.2022 is hereby made absolute , subject to the following conditions-

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(i) That the petitioner shall co-operate in investigation as and when required; and

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(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.

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Return the case diary.

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This disposes off the anticipatory bail application.

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JUDGE

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Comparing Assistant

Md. Arjuman Ali @ Babu Ali v. the State of Assam

Case brief

What is this about?

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Md. Arjuman Ali @ Babu Ali v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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