The Gauhati High Court granted pre-arrest bail to the applicant under Section 438 Cr.P.C., finding custodial interrogation not warranted due to available purchase receipts and the need to verify documents.
Application for pre-arrest bail allowed. Permission to execute a bond of Rs. 50,000/- with one surety upon arrest.
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.# 1/3
GAHC010045982024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/587/2024
ABDUL RAHMAN
S/O ABDUL KADIR, VILL-OUANA, P.S.-RUPAHI, DIST-NAGAON, ASSAM
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. T CHUTIA
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 08.05.2024
Heard Mr. T. Chutia, learned counsel for the applicant. Also heard Mr. B.B. Gogoi, learned Addl. Public Prosecutor for the State respondent.
Page No.# 2/3
Page No.# 3/3
purchase receipts of the cattle enclosed with the application from page No. 10 to page No. 61, this Court is of the view that custodial interrogation of the applicant, in the interest of investigation, seems to be not warranted here in this case and therefore, this Court is inclined to allow the application.
(i) The applicant shall appear before the Investigating Officer within a period of 10 days from today and also produce all the relevant documents i.e. Annexure 2 series enclosed with the application from page No. 10 to page No. 61 before the Investigating Officer for verification;
(ii) The applicant 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) The applicant shall not leave the jurisdiction of the learned C.J.M., Kamrup(M), Guwahati without prior permission.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether to grant pre-arrest bail to the applicant apprehending arrest for alleged cattle theft, forgery, and cruelty.
4 provisions across 4 enactments
Abdul Rahman
The State of Assam
Robin Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Robin Phukan
Parties & counsel
