The Gauhati High Court considered an application for anticipatory bail under Section 438 CrPC alleging participation in a criminal case under various IPC sections. The court converted an interim order into an absolute one, disposing of the petition.
The interim pre-arrest bail order dated 13/03/2023 was made absolute.
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.
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GAHC010053912023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/861/2023
KHAIRUL ANAM KHANDAKAR AND 3 ORS S/O LT. SAMSUL HOQUE KHANDAKAR R/O VILL- OXIGURI, P.O. SRINAGAR, P.S. TAMARHAT, DIST. DHUBRI, ASSAM, PIN-783332
2: MAYNAL HOQUE @ MOINAL HOQUE S/O LT. MOHAMMAD ALI R/O VILL- OXIGURI
P.O. SRINAGAR P.S. TAMARHAT
DIST. DHUBRI ASSAM
PIN-783332
3: AYNAL HOQUE S/OLT. MOHAMMAD ALI R/O VILL- OXIGURI P.O. SRINAGAR P.S. TAMARHAT DIST. DHUBRI ASSAM PIN-783332
4: AZIZAL HOQUE S/O TAJIM
R/O VILL- HARIPUR P.O. DINGDINGA P.S. TAMARHAT
DIST. DHUBRI ASSAM
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PIN-78333
VERSUS
THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR H R A CHOUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 06/04/2023
Heard Mr. H.R.A. Choudhury, learned senior counsel assisted by Mr. M. Islam, learned counsel for the applicants. Also heard Mr. P. Borthakur, learned APP, Assam, appearing for the State.
This application under section 438 of Cr.P.C. has been filed by the 4(four) applicants seeking pre-arrest bail apprehending arrest in connection with Tamarhat PS Case No. 40/2023 registered under sections 120(B)/147/148/149/447/448/325/ 353/294/379 of IPC.
By the order dated 13/03/2023, this Court had granted interim pre-arrest bail to the applicants on the conditions laid down in the said order.
Mr. Choudhury, learned senior counsel for the applicants submits that the vehicles involved in the incidents are lying in the custody of the informant.
Mr. Borthakur, learned APP, Assam, has confirmed from the case diary that the statement of the accused persons have already been recorded but whether the vehicles those are involved in the incident are lying with the informant or not is yet to be ascertained.
Be that as it may, after perusal of the case diary, I do not find any justifiable ground to modify
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the order dated 13/03/2023. As such, the aforesaid order is hereby made absolute.
Anticipatory bail application stands disposed of.
JUDGE
sukhamay
Comparing Assistant
1 issue framed by the court
Whether interim pre-arrest bail granted in this anticipatory bail application should be made absolute.
2 provisions across 2 enactments
KHARUL ANAM KHANDAKAR AND 3 ORS
THE STATE OF ASSAM
SUMAN SHYAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
