Abu Mostafa Sheikh @ Mostafa Rahman v. The State of Assam

ORDER

08.04.2023

Heard Mr. S. Nawaz, learned counsel for the petitioner. Also heard Mr. M.P. Goswami, learned Additional Public Prosecutor, Assam appearing for the State respondent. This is an application under Section 438 of the Code of Criminal Procedure, Page No.# 2/3 for granting anticipatory bail to the accused petitioner, namely Abu Mostafa Sheikh @ Mostafa Rahman, who is apprehending arrest in connection with South Salmara Police Station Case No. 44/2024 registered under Sections 306/34 of the Indian Penal Code, 1860. It would be pertinent to mention herein that by order dated 13.03.2024 the petitioner was granted interim pre-arrest bail subject to conditions. The case diary, as called for, is placed before this Court. Mr. M.P. Goswami, learned Additional Public Prosecutor submits that the petitioner has appeared before the Investigating Officer in terms of the interim pre-arrest bail granted earlier and his statement has been recorded under Section 161 Cr.P.C. He further submits that the petitioner is cooperating with the investigation. I have heard the submissions made at the bar and have perused the case diary. It appears that the investigation has substantially progressed and the petitioner is cooperating with the investigation. As such, this Court is of the considered view that further custodial interrogation of the petitioner may not be justified for the ongoing investigation. Therefore, the interim pre-arrest bail granted vide order, dated 13.03.2024 is hereby made absolute, subject to the following conditions-

i) That the petitioner shall co-operate in investigation as and when required; and

ii) That the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the Page No.# 3/3 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 petitioners shall refrain from such activities with which they are alleged. Return the case diary. This disposes of the anticipatory bail application.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010053022024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/666/2024 ABU MOSTAFA SHEIKH @ MOSTAFA RAHMAN S/O LATE ABUL KASHEM SK PERMANENT RESIDENT OF VILLAGE HATSINGMARI, PS AND DIST SOUTH SALMARA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR. MUSTAFA HUSSAIN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI