Disposed

Mahammad Ali v. the State of Assam

Gauhati HC18 Aug 2024AB/1910/2024

Case brief

AI extract

What is this about?

Petitioner sought anticipatory bail under Section 482 BNSS in a case alleging he removed an informant's TATA 407 pickup using a recovery crane. The court noted incriminating case diary material but found he had cooperated after interim bail and made the interim bail absolute with conditions including periodic reporting to the Investigating Officer.

What did the court decide?

Interim bail order dated 25.07.2024 made absolute with additional conditions: reporting to IO every 15 days, refraining from alleged activities, not leaving court's jurisdiction without prior permissi

Mahammad Ali Vs the State of Assam — Anticipatory Bail | Gauhati HC (2024)

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GAHC010145302024

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

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Case No. : AB/1910/2024

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MAHAMMAD ALI S/O LATE SAMIR ALI @ CHAMIR ALI R/O VILL- SALIKAJHAR P.S. SIPAJHAR DIST. DARRANG, ASSAM PIN- 784148

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VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM

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Advocate for the Petitioner : MR. S C BISWAS, MR. F A HASSAN,MR. RAJARSHEE DE Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

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ORDER

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Date : 19-08-2024

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Heard Mr. S.C. Biswas, learned counsel for the petitioner Mahammad Ali, who has filed this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as he is apprehending

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arrest in connection with Satgaon Police Station Case No. 104/2024 under Sections 303(2) of the Bharatiya Nyaya Sanhita, 2023.

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Heard Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam for the respondent State.

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The allegation against the petitioner is that he is involved in removing the informant’s TATA 407 pickup vehicle bearing registration No. AS-01-HC-7134 on 08.07.2024 at about 5:22 AM with the aid of recovery crane. This activity was caught in the CCTV footage of a hotel situated below the SBI Narengi Branch.

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Learned Additional Public Prosecutor has raised serious objection against the prayer for bail stating that there are incriminating materials in the Case Diary against the petitioner.

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It is submitted on behalf of the petitioner that the petitioner earlier had a business of selling scraps but now the petitioner has stopped selling scraps.

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I have scrutinized the Case Diary. Indeed there are incriminating materials in the Case Diary against the petitioner. The merits of this case are not brought to the fore and the statements of the witnesses are not discussed at this stage as investigation is still under progress. I have considered the submissions that the petitioner is willing to cooperate with the remaining part of the investigation and to abide by any stringent bail conditions if imposed upon him.

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The petitioner was granted interim bail by a Coordinate Bench of this Court vide order dated 25.07.2024. The petitioner has appeared before the Investigating Officer and his statement has been recorded and it appears that he has cooperated with the investigation.

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Considering the submissions at the bar, I deem it proper to allow the

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petition. Interim bail order dated 25.07.2024 is hereby made absolute under the additional conditions that:

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(i) The petitioner shall appear before the Investigating Officer after every 15^th days;

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(ii) The petitioner shall refrain from such activities with which he is alleged; and

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(iii) The petitioner shall not leave the jurisdiction of the Court without prior permission.

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On breach of any of the bail conditions, bail order shall automatically stand cancelled.

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In terms of the above observations, this Anticipatory Bail application stands disposed of.

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Send back the Case Diary.

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Mahammad Ali v. the State of Assam

Case brief

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Mahammad Ali v. the State of Assam

Case brief

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