Shomijul Hoque v. The State of Assam

O R D E R

¶0706. 2024 Heard Mr. SC Biswas, learned counsel for the applicant. Also heard Mr. B Sarma, learned Additional Public Prosecutor, Assam. By this application under Section 438 Cr.P.C., the petitioner, namely, Shomijul Hoque seeking pre-arrest bail in connection with Bilasipara Police Station Case No. 12/2024 under Section 120(B)/420/468/341/506 IPC read with Section 27 Page No.# 2/3 of Arms Act. Perused the material available on record. The investigation is at very advance stage. The material so far collected more particularly against the present petitioner, in the considered opinion of this court shall not warrant custodial interrogation of the petitioner inasmuch as his statement can be recorded by the I/O if a protection is granted. Considering the matter in its entirety, the present bail application stands allowed. Accordingly, in the event of arrest of the petitioner above named, in connection with the case aforementioned, he shall be released on bail on furnishing bail bond of Rs.25,000/- with a suitable surety of the like amount, to the satisfaction of arresting authority. The pre-arrest bail is granted on the following conditions:

(1) The petitioner shall not leave the territorial jurisdiction of the aforesaid police station, without prior written permission from its officer-in-charge,

(2) The petitioner shall not hamper with the investigation, or tamper with the evidence of the case,

(3) 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,

(4) The petitioner shall appear before the Officer-in-charge, Bilasipara PS within 7(seven) days from today,

(5) The petitioner shall continue to appear before the Investigating Officer of the above mentioned case after every 10(ten) days from the date of first appearance till such time the Page No.# 3/3 attendance is dispensed with by the said investigating officer.

Bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010052542024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/713/2024 SHOMIJUL HOQUE S/O SOPURUDDIN SK, R/O BOTERTAL, BILASIPARA, WARD NO. 8, BILASIPARA, DHUBRI, DIST- DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR H ROHMAN Advocate for the Respondent : PP, ASSAM BEFORE THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY