Mainul Hosen v. The State of Assam

ORDER

13.05.2024

Heard Mr. N. Uddin, learned counsel for the petitioners. Also heard Mr. P. Sharma, learned Additional Public Prosecutor for the State respondent. This is an application under Section 438 of the Code of Criminal Procedure, 1973, praying for grant of pre-arrest bail to the accused/petitioner, who has been apprehending arrest in connection with Golakganj P.S. Case No. 441/2023, under Sections 417/313/376 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioner, Mr. Uddin, that after obtaining the interim pre-arrest bail, the petitioner appeared before the I.O. and co-operated in the investigation of this case. More so, as he has already co-operated with the I.O. and also considering the nature of offence, his custodial interrogation is not at all necessary in this case and accordingly, it is prayed to make the interim pre-arrest bail order absolute. In this context, the learned Additional Public Prosecutor, Mr. P. Sharma, has submitted that considering the materials available in the Case Diary and the conduct of the accused/petitioner, the prayer of the accused/petitioner may be considered. However, there is an allegation against the accused/petitioner regarding threatening the victim as well as her family members. After hearing the submissions made by the learned counsels of both sides and also considering the entire aspects of the case, nature of allegation as well as the conduct of the accused/petitioner, I find it a fit case to extend the privilege of pre-arrest bail to the accused/petitioner. Accordingly, the interim pre-arrest bail order, Page No.# 3/3 granted to the accused/petitioner vide order dated 05.04.2024, is hereby made absolute with a direction to the accused/petitioner to co-operate with the I.O. in further investigation of the case. Along with that, the accused/petitioner is also hereby directed not to threaten the victim as well as her family members. In terms of above, this anticipatory bail application stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010068182024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/894/2024o MAINULoHOSENo S/OoBANDEoALI,oVILL-oKAIMATI,oP.S.-GOLAKGANJ,oDIST-oDHUBRI,oASSAM VERSUSo THEoSTATEoOFoASSAMo REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oNoUDDINo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA