Md. Farid Ahmed v. The State of Assam

ORDER

29.05.2024

Heard Mr. T. S. Laskar, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State. By this application under Section 438 of Code of Criminal Procedure, 1973, the petitioner, namely, Md. Farid Ahmed has approached this Court seeking the benefit Page No.# 2/2 of pre-arrest bail, apprehending his arrest, in connection with Gingia Police Station Case No. 12/2024 registered under Sections 120B/379/420/468/471 of IPC. This Court vide order dated 05.03.2024 has granted interim protection to the petitioner while calling for case diary. The learned counsel for the petitioner submits that after grant of interim protection by this Court under its order dated 05.03.2024, the petitioner appeared before the I.O., however, I.O. suggested that he will be called as and when necessary to record his statement and therefore, his statement was not recorded in the case dairy. The case diary is received. Perused the same. Considered the material available on record. It is seen that the petitioner has fully cooperated with the investigation. After perusal of the material so far collected by the investigating officer, this Court is of the view that the custodial detention of the petitioners may not be necessary in this case inasmuch as the investigation has substantially been progressed. Therefore, in the totality of the matter, the interim protection granted under order dated 05.03.2024 is made absolute with the same terms and condition. However, it is directed that the petitioner shall appear before the I.O. within a period of 10 days from today to record his statement Accordingly, this bail application stands disposed of. Return back the case dairy. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010044552024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/551/2024 MD. FARID AHMED S/O DIANUDDIN AHMED, VILL.- RAJABARI, P.O.- DHOLEBAGAR, BAMUN BARI, P.S.- MATHURAPUR, DIST.- SIBSAGAR (ASSAM). VERSUS THE STATE OF ASSAM TO BE REP. BY THE LD. P.P., ASSAM. Advocate for the Petitioner : MR S A BARBHUYAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY