Allowed

Foriz Uddin Laskar v. the State of Assam

Gauhati HC2 Jul 2024AB/1565/2024

Case brief

AI extract

What is this about?

Granted interim anticipatory bail to the petitioner in a Section 306 IPC case alleging suicide due to threat of publishing private photos. The court found no material evidence of affair or threat disclosure to witnesses and held custodial interrogation unnecessary.

What did the court decide?

Interim pre-arrest bail granted on furnishing a bail bond of Rs. 25,000 with suitable surety, subject to specified conditions.

Foriz Uddin Laskar Vs the State of Assam — Murder and Culpable Homicide | Gauhati HC (2024)

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GAHC010120232024

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

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Case No. : AB/1565/2024

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FORIZ UDDIN LASKAR

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S/O ALA UDDIN LASKAR, R/O VILL- SAIDPUR PART-IV, SILCHAR, CACHAR, ASSAM-788013

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : MR M J QUADIR

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Advocate for the Respondent : PP, ASSAM

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BEFORE

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HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

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ORDER

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03.07.2024

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Heard Mr. M.J. Quadir, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, the learned Additional Public Prosecutor, appearing for the State of Assam.

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By this application under Section 438 of the Code of Criminal Procedure, 1973, the petitioner, namely, Foriz Uddin Laskar

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is seeking pre-arrest bail in connection with Sonai Police Station Case No. 53/2024 under Section 306 of the Indian Penal Code, corresponding to G.R. Case No. 972/2024.

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In the FIR it is alleged due to the threat given by the petitioner to the deceased of publishing private and intimate photos of the victim, the victim committed suicide by consuming poison.

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Mr. R.J. Baruah, the learned Additional Public Prosecutor, has produced the case diary.

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Perused the same.

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Also perused the statement of the informant and other witnesses.

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The aforesaid statement nowhere suggest any allegation against the petitioner that he had any affair with the victim or that the victim had disclosed as regards alleged threat before any of the witnesses as on date.

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Therefore, considering the aforesaid materials, this Court is of the view that custodial interrogation of the petitioner may not be necessary.

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Accordingly, in the interim, in the event of arrest of the petitioner above-named, in connection with the case aforementioned, he shall be released on bail on furnishing bail bond of Rs.25,000/- with a suitable surety of the like amount, to the satisfaction of arresting authority. The pre-arrest bail is granted on the following conditions:

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(i) The petitioner shall not leave the territorial jurisdiction of the aforesaid police station, without prior written permission from its Officer-In-Charge,

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(ii) The petitioner shall not hamper with the investigation, or tamper with the evidence of the case,

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(iii) 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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(iv) The petitioner shall appear before the Officer-In-Charge, Sonai Police Station Case No. 53/2024 within 7(seven) days from today,

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(v) The petitioner shall continue to appear before the Investigating Officer of the above mentioned case after every 10(ten) days from the date of first appearance till such time the attendance is dispensed with by the said investigating officer.

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The case diary be returned back.

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With the above observations, this Anticipatory Bail Application stands disposed of.

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JUDGE

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Comparing Assistant

Foriz Uddin Laskar v. the State of Assam

Case brief

What is this about?

What did the court decide?

Foriz Uddin Laskar v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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