This Single Judge Bench granted anticipatory bail to the applicant (Md. Mannas Ali) regarding an FIR under IPC Sections 379/411, converting an interim order to absolute based on cooperation and lack of need for custodial interrogation.
Interim order dated 18.03.2021 made absolute; anticipatory bail application disposed of; Case Diary returned.
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GAHC010052672021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/855/2021
MD. MANNAS ALI
S/O LATE SAHED ALI, VILL-RAJAGHAT, P.S.-BARPETA, DIST-BARPETA, ASSAM
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR S M ABDULLAH P
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MR. JUSTICE ROBIN PHUKAN ORDER
07.09.2022
Heard Mr S M Abdullah P, learned counsel for the accused/applicant and also heard Mr K K Parashar, learned Additional Public Prosecutor for the State respondent.
Apprehending arrest in connection with Barpeta PS Case No. 424/2021, under Sections 379/411 of the Indian Penal Code, 1860, this application under Section 438
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Cr.P.C. is preferred by applicant/petitioner, Md Mannas Ali, for grant of pre-arrest bail.
Be it mentioned here that the aforesaid case has been registered on the basis of one FIR lodged by ASI Jayanta Kumar Nath of Bhawanipur Outpost, on 23.02.2021, to the effect that on 22.02.2021, at about 08:00 pm, on the basis of a reliable source information, they have conducted a search at Angita Punjabi Dhaba, located at Rajakhat along NH-31 and seized 11 nos. of drum filled with kerosene and diesel, which were found inside the rooms of the hotel and five numbers of persons, namely, Sri Kripa Kalita, Sri Biju Ghose, Md Monirul Islam, Sri Dhanya Mandal and Sri Amit Ghosh, were apprehended, who were the workers of the said Dhaba, as they failed to produce any document in connection with the materials.
Mr S M Abdullah P, learned counsel for the accused/applicant submits that pursuant to the order of this Court dated 18.03.2021, the accused/applicant appeared before the IO and his statement has been recorded and he has been cooperating with the investigating agency and therefore, it is contended to make the interim order dated 18.03.2021, absolute, in the same terms and conditions.
On the other hand, producing the Case Diary, Mr Parashar, learned Additional Public Prosecutor submits that the accused applicant is the owner of Angita Punjabi Dhaba and 11 numbers of drums filled with kerosene and diesel, along with 15 quintals of rod have been recovered from the said hotel and that the IO has collected sufficient materials against him.
However, having gone through the Case Diary and also the stage of investigation as well as 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 Parashar, learned Additional Public Prosecutor.
In view of above and considering the nature of accusation and the punishment
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prescribed for the same, the custodial interrogation of the accused/applicant appears to be unwarranted in the interest of investigation. Accordingly, this court is inclined to make the interim order dated 18.03.2021, absolute in the same terms and conditions.
In terms of above, the anticipatory bail application stands disposed of.
Case Diary be returned.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether pre-arrest bail should be granted given the accused is cooperating and custodial interrogation is unwarranted.
1 provisions across 1 enactments
MD. MANNAS ALI
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
ROBIN PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
