The Gauhati High Court converted interim pre-arrest bail granted on 10.02.2023 into absolute bail in an anticipatory bail petition under Section 438 Cr.P.C. related to a POCSO case.
Interim pre-arrest bail granted on 10.02.2023 is made absolute subject to conditions of cooperation, no inducement, and no tampering with investigation.
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GAHC010008772023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/149/2023
KALIPUDDIN SHEIKH S/O OSMAN SHEIKH R/O VILL- TARANGMUKH P.O. LAKHIGANJ P.S. BILASIPARA DIST. DHUBRI, ASSAM PIN- 783345
VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR G CHAMUAH
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 03.05.2023
Heard Mr. G Chamuah, learned counsel for the petitioner and Mr. RJ Baruah, 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 pre-arrest bail to the petitioner, namely, Kalipuddin Sheikh apprehending arrest in connection with Bilasipara P.S. Case No. 349/2022 registered u/s 376 of the IPC r/w 4 of POCSO Act.
The Case diary, as called for, is placed before the Court.
It may be mentioned that by order, dated 10.02.2023, this Court granted the privilege of interim pre-arrest bail to the petitioner.
Mr. RJ Baruah, learned Addl. Public Prosecutor, submits that the case diary shows that the petitioner appeared before the investigating officer and got his statements recorded under Section 161 Cr.P.C. as per the interim pre arrest bail granted earlier. There is no adverse report against the petitioner from the I.O.
Therefore, the interim pre-arrest bail granted vide order, dated 10.02.2023 is hereby made absolute, subject to the following conditions-
(i) That the petitioner shall co-operate in investigation as and when required;
(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; and
(iii) That the petitioner shall not hamper or tamper with the investigation in any manner.
Return the case diary.
This disposes off the anticipatory bail application.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the interim pre-arrest bail granted on 10.02.2023 under Section 438 Cr.P.C. should be made absolute.
Whether there are sufficient conditions to be imposed to ensure the investigation proceeds without tampering.
1 provisions across 1 enactments
KALIPUDDIN SHEIKH
THE STATE OF ASSAM
AJIT BORTHAKUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
