Rafiqul Mandal and Anr v. The State of Assam

ORDER Date : 28.02.2024

Heard Mr. A.R. Sikdar, learned counsel for the applicants and Ms. A. Begum, learned Additional Public Prosecutor for the State respondent. Page No.# 2/3

¶2Apprehending arrest in connection with Barpeta P.S. Case No. 304/2023, under Sections 365/34 of the IPC, this application under Section 438 of the Code of Criminal Procedure, 1973, is preferred by applicants namely, Rafiqul Mandal and Ichab Mandal for grant of pre-arrest bail.

¶3The aforementioned case has been registered on the basis of one F.I.R., lodged by one Abul Hussain, on 04.06.2023. The essence of allegations made in the FIR is that on 02.06.2023, at about 6 pm, his daughter Smti 'X' (name withheld), aged 14 years 2 months, is kidnapped by one Habibor Mandal, with the help of Rafiqul Mandal, from the road and confined her in an unknown place.

¶4Mr. Sikdar, learned counsel for the applicants submits that the applicants had been granted the privilege of interim pre-arrest bail, vide order dated

05.02.2024, and pursuant to the said order, they have appeared before the I.O., and that the applicants are cooperating with the investigating agency, and therefore, a contention is being made that the interim order dated 05.02.2024, may be made absolute in the same terms and conditions.

¶5On the other hand, Ms. Begum, the learned Addl. Public Prosecutor has produced the case diary before this Court and submits that the applications have appeared before the I.O. and cooperating with the investigating agency. However, Ms. Begum submits that investigation is still going on.

¶6Having heard the submission of learned Advocates of both sides, I have gone through the application and the documents placed on record and also perused the case diary with the assistance of Ms. Begum, learned Addl. Public Prosecutor.

¶7In view of the materials collected so far in the case diary and also in view of the cooperation extended by the applicants with the investigating agency, Page No.# 3/3 custodial interrogation of the applicants seems not to be warranted here in this case, and therefore, this Court is inclined to make the interim order dated

05.02.2024, absolute in the same terms and conditions.

¶8In terms of above, this application stands disposed of.

¶9Case diary be returned.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010011932024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/249/2024 RAFIQUL MANDAL AND ANR S/O- ICHAB MANDAL, R/O- VILLAGE AND P.S. GOBARDHANA, DIST.- BAKSA, BTAD, ASSAM 2: ICHAB MANDAL S/O- LATE INNACH MANDAL R/O- VILLAGE AND P.S. GOBARDHANA DIST.- BAKSA BTAD ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY P.P., ASSAM Advocate for the Petitioner : MR. A R SIKDAR Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN