Nur Mohammad @ Nur Mohammad Mollah @ Noor Mohammad v. State of Assam

ORDER

20.06.2024

¶1Heard learned counsel Mr. S. Nawaz for the petitioner, Nur Mohammad @ Nur Mohammad Mollah.

¶2This application has been filed by the petitioner under Section 438 of the Cr.PC with prayer for pre-arrest bail as he is apprehending arrest in connection with Mankachar P. S. Case No. 33/2024 under Sections 417/457/376 of the IPC. Page No.# 2/2

¶3Heard Mr. B. Sharma, learned Additional Public Prosecutor, Assam for the respondent State.

¶4It is submitted by the learned counsel for the petitioner, Mr. Nawaz that both the petitioner and informant are married individuals having their own families; however, they developed an illicit and consensual relationship. But, the accused/petitioner had never promised to marry the informant. Thus, the accused/petitioner is innocent and he has been falsely implicated in the case. Hence, the petitioner accordingly prays for grant of interim pre-arrest bail and also submits that he is ready to co-operate with the investigation of this case, if so granted.

¶5I have considered the submissions at the Bar with circumspection.

¶6I have also scrutinized the Case Diary.

¶7Investigation has progressed to a considerable extent. It appears that pre-arrest bail may be granted to the petitioner. It also appears that custodial interrogation may not be required.

¶8The petitioner has appeared before the Investigating Officer and his statements have been recorded. The petitioner has pledged to abide by any stringent bail conditions.

¶9Considering all aspects, interim order dated 04.04.2024, is hereby made absolute under the same terms and conditions.

¶10Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010066072024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/876/2024 NUR MOHAMMAD @ NUR MOHAMMAD MOLLAH @ NOOR MOHAMMAD S/O SIRAJUL MOLLAH, R/O VILL- KOKRADANGA PART II, P.S.-SUKCHAR, DIST-SOUTH SALMARA MANKACHAR, ASSAM VERSUS STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND