Jahangir Hussain v. The State of Assam

ORDER Date : 20.11.2024

Heard Mr. A. Goyal, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State respondent.

This is an application under Section 482 of BNSS praying for grant of pre-Page No.# 2/3 arrest bail to the accused/petitioner, who is apprehending arrest in connection with Abhayapuri P.S. Case No. 141/2024, under Sections 379/34 of the Indian Penal Code, 1860.

Case Diary has been received. Perused the same. Heard both sides.

Mr. Goyal, learned counsel for the petitioner, submitted that the present accused/petitioner is no way connected in the alleged offence. However, he already appeared before the I.O. after obtaining the order of interim pre-arrest bail dated 26.07.2024 and accordingly, his statement is also recorded under Section 161 Cr.P.C. He is still ready and willing to co-operate with the I.O. in the further investigation of this case if he is granted with the privilege of pre-arrest bail.

Mr. Goswami, learned Additional Public Prosecutor, submitted in this regard that the present accused/petitioner has already appeared before the I.O. and his statement is also recorded and thus, it is seen that he is co-operating with the I.O. in the investigation of the case.

Considering the submissions made by the learned counsels for both sides, materials available in the Case Diary, nature of allegation as well as the conduct of the accused/petitioner, I find it a fit case to extend the privilege of pre-arrest bail to the accused/petitioner. Accordingly, the interim pre-arrest bail, granted to the accused/petitioner vide order dated 26.07.2024, is hereby made absolute in the same terms and conditions. Page No.# 3/3

In terms of above, this anticipatory bail application stands disposed of.

The Case Diary be sent back. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010146422024 2024:GAU-AS:11291 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1915/2024 JAHANGIR HUSSAIN S/O NURUL ISLAM, R/O VILL- KALABHANGA, P.S. BARPETA ROAD, DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR. A GOYAL, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA