Babul Ansari v. The State of Assam

ORDER

21.06.2024

Heard Ms. P. Borah, learned counsel for the petitioner. Mr. B. Sarma, learned Additional Public Prosecutor for the State respondent. This is an application under Section 438 of Cr.P.C, 1973 for seeking pre-arrest bail to the petitioner, i.e. Babul Ansari, who is apprehending arrest in Page No.# 2/3 connection with Chandmari PS Case No. 48/2024 registered under Sections 120(B)/143 /384/354A/354C/506 of IPC. Case diary as called for has been placed before this Court. Pertinent that by order dated 18.03.2024, the petitioner has been granted interim pre-arrest bail subject to conditions. Mr. B. Sarma, learned Additional Public Prosecutor submits that the petitioner has appeared before the Investigating Officer in terms of the order dated 18.03.2024 passed earlier by this Court and his statement has also been recorded under Section 161 of Cr.P.C. He further submits that the petitioner is co-operating in the investigation and there is no adverse antecedents reported by the IO as regards the petitioner. Considering the totality of the circumstances, this Court is of the considered view that custodial interrogation of the petitioner may not be justified for the ongoing investigation. Accordingly the interim pre-arrest bail granted by this Court by order dated

18.03.2024 is hereby made absolute subject of course to the following conditions:-

(i) That the petitioner shall co-operate with the investigation.

(ii) That the petitioner 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; and

(iii) That the petitioner shall refrain from committing any similar offences in Page No.# 3/3 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

Page No.# 1/3 GAHC010049332024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/605/2024 BABUL ANSARI S/O LATE ZAMIR ALI R/O HOUSE NO. 113A, DARANDHA, SIXMILE, PANJABARI, P.S. DISPUR, DIST. KAMRUP (METRO), ASSAM PIN-781037 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. K BORUAH Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI