Disposal of an anticipatory bail application under section 438 Cr.P.C. The court made the interim pre-arrest bail order absolute, noting no material exists against the applicant other than evidence suggesting he purchased a stolen cow.
The interim order dated 03/03/2023 granting pre-arrest bail was made absolute, and the application was disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/2
GAHC010044942023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/730/2023
HABIBUR HOQUE S/O ABDUL KHAYER R/O VILL- JALUGUTI, P.S. MIKIRBHETA, DIST. MORIGAON, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. M KHAN
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 04/04/2023
Heard Mr. M. Khan, learned counsel for the applicant. Also heard Ms. M. Das, learned APP, Assam, who has produced the case diary.
This is an application filed under section 438 of Cr.P.C. seeking pre-arrest bail in connection with Mikirbheta PS case No. 08/2023 registered under sections 379 of the IPC.
Page No.# 2/2
By the order dated 03/03/2023 passed by this Court, interim pre-arrest bail was granted to the
applicant.
Ms. Das, learned APP, Assam, has produced the case diary.
The applicant is not an FIR named accused but it appears that the stolen cow was sold to one Ikbal Hussain, from whom the applicant had purchased the same. Save and except the above, there is no other material available against the applicant.
Having regard to the facts and circumstances of the case, I am of the view that the interim order dated 03/03/2023 deserves to be made absolute.
Ordered accordingly.
Anticipatory bail application stands disposed of.
JUDGE
sukhamay
Comparing Assistant
2 issues framed by the court
Whether the interim order granting pre-arrest bail should be made absolute given the lack of material against the applicant other than the sale of a stolen cow.
Whether the applicant satisfies the requirements for anticipatory bail under section 438 Cr.P.C.
2 provisions across 2 enactments
Habibur Hoque
The State of Assam
Suman Shyam
Sukhamay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
