Abdul Hussain v. The State of Assam

Page No.# 1/2 GAHC010024082024

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/284/2024 ABDUL HUSSAIN S/O JABAN ALI R/O-BAKARA PATTA CHAPARI, BAKARA PATTA, PS SOOTEA, DIST. BISWANATH, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM Advocate for the Petitioner : TUN RAJKHOWA Advocate for the Respondent : PP, ASSAM

B E F O R E

HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

15.02.2024

Heard Ms. T. Rajkhowa, learned counsel for the petitioner as well as Ms. N. Das, learned Addl. P.P. appearing for the State respondent.

¶2The petitioner, namely, Abdul Hussain, has filed this application under Page No.# 2/2 Section 438 Cr.P.C with prayer for pre-arrest bail as he is apprehending arrest in connection with Sootea P.S. Case No. 02/2024, registered under Sections 325/307/384 of the Indian Penal Code.

¶3On 10.01.2024, the Akbar Ali has lodged the FIR before the police alleging that on that day at around 3.00 P.M., the present petitioner had assaulted Sofikul Islam, the son of the informant and snatched away cash amount of Rs. 23,000/- from him.

¶4The case diary does not have sufficient materials against the present petitioner. Moreover, the medical report shows that the injured person sustained simple injuries.

¶5For the aforesaid reasons, further detention of the petitioner in custody is not required at this stage. The pre-arrest bail of the petitioner is allowed.

¶6Accordingly, the petitioner, namely, Abdul Hussain shall be released on bail of Rs. 25,000/- with one surety of like amount to the satisfaction of the arresting authority, Under the condition that;

(i) the petitioner shall co-operate with the investigating officer as and when required.

¶7With the above observation, this pre-arrest bail application stands disposed of.

JUDGE Comparing Assistant