Ainuddin @ Akram Uddin and 2 Ors v. The State of Assam

ORDER Date : 27-03-2024 None appears for the petitioner when the matter is called. Heard Mr. P. Borthakur, learned APP for the State respondent. This is an application under Section 438 of the CrPC, 1973 seeking Anticipatory Bail of the petitioners i.e. 1) Ainuddin @ Akram Uddin, 2) Asad Uddin and 3) Sabir Ahmed @ Sobir Ahmed, who are apprehending arrest in connection with Bazarichera PS Case No. 06/2024 registered under Sections 142/148/149/152/341/353/307/332/392/436/511 of the IPC. It appears that by Order dated 02.02.2024, the petitioner was granted interim pre-arrest bail subject to conditions. Mr. Borthakur, learned APP submits that the petitioner has appeared before the Investigating Officer in terms of the said interim pre-arrest bail order granted earlier. He further submits that the petitioner is cooperating with the investigation and at this stage, there are no adverse materials available on record against the petitioner. Considering the facts and circumstances of the case, this Court is of the considered view that custodial interrogation may not be necessary for the ongoing investigation. Accordingly, the interim pre arrest bail granted by this Court vide Order dated 02.02.2024 is hereby made absolute subject to the following conditions:-

i) That the petitioners shall fully cooperate with the investigation of the Page No.# 3/3 case and shall appear before the Investigating officer as and when required in connection with the investigation of the aforesaid PS Case; and

ii) That the petitioners 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.

iii) That the petitioners shall refrain from committing any similar offences in future of which he is accused or suspected of commission. With the above observations and directions, the Anticipatory Bail Application stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010017512024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/226/2024o AINUDDINo@oAKRAMoUDDINoANDo2oORSo SONoOFoABDULoMONNAN,oRESIDENToOFoVILLAGE-oBAGAN,oP.O.o KATHALTOLI,oP.S.oBAZARICHERA,oDISTRICT-oKARIMGANJ,oASSAM 2:oASADoUDDIN oSONoOFoLATEoMOHIBULoHOQUE oRESIDENToOFoVILLAGE-oMARUGAON oP.O.oKATHALTOLI oP.S.oBAZARICHERA oDISTRICT-oKARIMGANJ oASSAM 3:oSABIRoAHMEDo@oSOBIRoAHMED oSONoOFoWAISoALI oRESIDENToOFoVILLAGE-oBAGAN oP.O.oKATHALTOLI oP.S.oBAZARICHERA oDISTRICT-oKARIMGANJ oASSAo VERSUSo THEoSTATEoOFoASSAMo REPRESENTEDoBYoP.P.,oASSAM AdvocateoforotheoPetitionerooooo:oMRoAoToMoHUSSAINo AdvocateoforotheoRespondento:oPP,oASSAMoo ooooooooooooooooooooooooooooooooooooooooooooooooooooooooo ooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI