Hatim Ali v. The State of Assam

Page No.# 1/3 GAHC010015932024

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/194/2024 HATIM ALI S/O RAUCHAN ALI R/O 250 HAJO DAULASAL KALITAKUCHI, P.S. HAJO DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MS. T SOM Advocate for the Respondent : PP, ASSAM

B E F O R E HON'BLE MR. JUSTICE KAUSHIK GOSWAMI

18.03.2024

Heard Ms. T. Som, learned counsel appearing for the petitioner. Also heard Mr. P. Borthakur, learned Addl. P.P., Assam appearing for the State respondent. Page No.# 2/3

¶2This is an application under Section 438 of the Code of Criminal Procedure, 1973 for seeking pre-arrest bail to the accused/petitioner, namely, Hatim Ali, who is apprehending arrest in connection with Hajo P.S. Case No. 20/2024 under Sections 306 of the Indian Penal Code, 1860.

¶3The case diary as called for is placed before this Court.

¶4It may be mentioned that vide order dated 29.01.2024, this Court granted the privilege of interim pre-arrest bail to the petitioner subject to conditions.

¶5Mr. P. Borthakur, learned Addl. P.P. submits that the case diary shows that the petitioner has appeared before the Investigating Officer and has got his statement recorded under Section 161 Cr.P.C, as per the interim pre-arrest bail granted earlier. He further submits that there are no materials adverse at this stage collected against the petitioner by the Investigating Officer.

¶6This Court finds that custodial interrogation may not be required in the interest of the ongoing investigation into the case. Accordingly, the interim pre-arrest bail granted vide order dated 29.01.2024 is hereby made absolute subject to the following conditions,

i) The petitioner shall co-operate with the investigation,

ii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case so as to dissuade such person from disclosing such facts to the Court or to any Police Officer.

¶7This disposes of the anticipatory bail application. Send back the case diary. Page No.# 3/3

JUDGE Comparing Assistant