The court made absolute the interim pre-arrest bail granted to the petitioner in connection with a case under Section 379 IPC and other provisions, subject to conditions including cooperation in investigation and non-tampering.
Pre-arrest bail made absolute subject to conditions of cooperation and non-tampering.
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GAHC010042652024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/507/2024
ANARUL HUSSAIN S/O KASAM ALI RESIDENT OF VILLAGE SAPATKARA, PS RUPAHI, DIST NAGAON, ASSAM
VERSUS
THE STATE OF ASSAM REP BY THE PP ASSAM
Advocate for the Petitioner : MR A DEKA
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 30.04.2024
Heard Mr. A. Deka, learned counsel for the petitioner and Mr. RJ Baruah, learned Addl. Public Prosecutor, Assam appearing for the State respondent.
By this petition filed under Section 438 Cr.P.C., the petitioner, namely, Anarul Hussain has prayed for grant of pre-arrest bail, apprehending arrest in connection with Basistha P.S. Case No. 98/2024 u/s 379 IPC r/w Section 13 (1)/16 of the Assam Cattle Preservation
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(Amendment) Act r/w Section 11(1) (d) of Prevention of Cruelty to Animal Act.
The Case diary, as called for, is placed before the Court.
It may be mentioned that by order, dated 29.02.20243, 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 29.02.2024 is hereby made absolute, subject to the following conditions-
(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 of the anticipatory bail application.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether interim pre-arrest bail granted to the petitioner should be made absolute?
4 provisions across 4 enactments
ANARUL HUSSAIN
THE STATE OF ASSAM
MALASRI NANDI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
